Willis Clark - Page 6




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          participate.  Petitioner chose at that point to leave the                   
          courtroom and has had no further contact with the Court.                    
               Following petitioner’s departure, the Court made absolute              
          the Rule 91(f) order to show cause, ordering that the facts set             
          forth in respondent’s proposed stipulation of facts be accepted             
          as established for purposes of this case and that the exhibits              
          attached thereto be received into evidence.  In light of these              
          developments, respondent also moved orally to dismiss                       
          petitioner’s case, insofar as concerned the tax deficiencies                
          determined in the statutory notice, for failure properly to                 
          prosecute.  The Court took this motion under advisement, and                
          respondent then presented testimony and documentary evidence with           
          respect to the fraud penalties.                                             
          Factual Background                                                          
               As indicated above, some of the facts have been stipulated             
          pursuant to Rule 91(f), and such facts are so found.  These                 
          stipulations, with accompanying exhibits, are incorporated herein           
          by this reference.                                                          
               Prior to and during the years at issue, petitioner owned and           
          operated the Appliance Recycling Factory (ARF), a sole                      
          proprietorship.  ARF was engaged in the business of buying used             
          appliances, refurbishing them, and then reselling the refurbished           
          appliances.  Sales of the appliances were made to customers                 
          through cash, check, credit, and barter transactions.  At least             






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