- 15 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011