- 11 - at a minimum we would have expected Mr. Luca to provide us with copies of correspondence to authorities allegedly in possession of his business records. Instead, Mr. Luca failed to file the required status report, and we have no indication that Mr. Luca has undertaken any efforts to obtain the documentation necessary to support his case. In addition, Mr. Luca failed to comply with our order that he respond to the motion to dismiss presently before us. While a taxpayer has an interest in having his or her case heard on the merits, the Commissioner has the right to obtain judicial resolution of tax disputes within a reasonable period of time. See Freedson v. Commissioner, supra at 935. As this case heads into its fourth year before the Court, respondent’s interest in obtaining a resolution of the tax liabilities at issue becomes increasingly compelling. In balancing the interests of Mr. Luca against those of respondent, we find that the considerations in this case favor respondent. Simply put, Mr. Luca has not provided the Court with any indication that he intends to move this case forward in the foreseeable future. The remedy of dismissal is admittedly harsh, but we see no alternative that will adequately protect the interests of respondent. “Although a court must explore meaningful alternatives prior to dismissing a case, it need not always exhaust every sanction short of dismissal before finalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011