Shirley L. Johnson - Page 15




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          result in dismissal, the taxpayer only partially complied with               
          the orders.  The Court of Appeals stated:                                    
               Numerous delays caused by the Oelzes, including their                   
               repeated failure to provide the requested information                   
               based on their unsupported fifth amendment claim,                       
               required the tax court to issue at different times                      
               three more discovery orders.  None of these ever                        
               resulted in the Commissioner’s obtaining the                            
               information he needed.  [Id. at 1163.]                                  
          In response to a petition for rehearing filed by Izen in Oelze,              
          the Court of Appeals stated:                                                 
               The taxpayer’s continued failure to cooperate with the                  
               Commissioner, the necessity for four orders to comply                   
               with the Commissioner’s discovery requests, the                         
               taxpayer’s continuous reliance on a baseless fifth                      
               amendment claim, and the taxpayer’s last-minute attempt                 
               to comply with the discovery order all demonstrate that                 
               Oelze acted wilfully.  Additionally, the Tax Court                      
               issued four separate discovery orders, some explicitly                  
               warning the taxpayer that failure to comply would                       
               result in dismissal of the case.  Though the taxpayer                   
               finally did partially comply with one of the orders, he                 
               did so only after repeated and total failure to supply                  
               the Commissioner with the information he requested.                     
               Such partial compliance under these circumstances                       
               cannot serve to exonerate the taxpayer from willful                     
               failure to comply with the orders of the Court.  [Oelze                 
               v. Commissioner, 726 F.2d 165, 166 (5th Cir. 1983).]                    
          Similarly, see Watson v. Commissioner, supra; Ripley v.                      
          Commissioner, supra.                                                         
               Izen’s persistence in unproductive tactics sometimes has the            
          unfortunate effect of reducing the quality of practice before                
          this Court on both sides.  In Tumlinson v. Commissioner, T.C.                
          Memo. 1983-92, the Court faced various procedural questions as a             








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