Willis Clark - Page 11




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          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 harassment                








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