- 11 - of petitioner’s returns began, petitioner has failed to present any evidence and so could not qualify for the protections of section 7491. Accordingly, petitioner here bears the burden of proving that respondent’s deficiency determinations are in error. As regards the two pertinent policy considerations identified above, we are equally satisfied that the balance weighs strongly against petitioner. In the many months that have passed since his petition was filed, petitioner has been uncommunicative, uncooperative, and has otherwise failed to make any meaningful efforts whatsoever to prepare his case for trial. He has acted in contravention of our standing pretrial order, has refused to engage in informal discovery, has ignored orders directing formal discovery, has stipulated no facts, has failed to submit a trial memorandum, and has appeared before the Court on the day of trial completely unprepared to proceed. Hence, while it is true that petitioner will suffer the detriment of not being heard on the merits of his case, he has given us no reason to believe that he is inclined to prepare for doing so at any time in the foreseeable future. In contrast, respondent has already expended significant effort in attempting to bring this matter to resolution. We therefore must conclude, given the pattern of petitioner’s behavior and the unlikelihood of impending improvement, that further delay and the harassmentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011