- 6 - 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 leastPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011