Manuel G. Lopez - Page 13




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            failure to properly prosecute.  Furthermore, consistent with our                           
            finding that dismissal is appropriate under Rule 123(b), we find                           
            against petitioner on all issues as to which petitioner bears the                          
            burden of proof.                                                                           
            B.  Default With Respect to Issues Where Respondent Had the                                
            Burden of Production or Burden of Proof                                                    
                  Rule 123(a) provides as follows:                                                     
                        (a) Default:  If any party has failed to plead or                              
                  otherwise proceed as provided by these Rules or as required                          
                  by the Court, then such party may be held in default by the                          
                  Court either on motion of another party or on the initiative                         
                  of the Court.  Thereafter, the Court may enter a decision                            
                  against the defaulting party, upon such terms and conditions                         
                  as the Court may deem proper, or may impose such sanctions                           
                  (see, e.g., Rule 104) as the Court may deem appropriate.                             
                  The Court may, in its discretion, conduct hearings to                                
                  ascertain whether a default has been committed, to determine                         
                  the decision to be entered or the sanctions to be imposed,                           
                  or to ascertain the truth of any matter.                                             
                  In light of petitioner’s conduct in this case, it is                                 
            appropriate to consider sanctions under Rule 123(a).  Our Rule                             
            123(a) is analogous to rule 55 of the Federal Rules of Civil                               
            Procedure.  By analogy to rule 55 of the Federal Rules of Civil                            
            Procedure, the party that bears the burden of proof may be                                 
            entitled to entry of decision on default.  See Bosurgi v.                                  
            Commissioner, 87 T.C. 1403, 1407 (1986).  Where a taxpayer has no                          
            demonstrable desire to continue the litigation, and “does not                              
            think well enough of his case to defend it where the government                            









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