Manuel G. Lopez - Page 19




                                               - 19 -                                                  
            of the trial, petitioner reneged on the settlement and dismissed                           
            Mr. Thomas.  Petitioner then filed a motion to “withdraw” his                              
            petition without prejudice that was without any basis in law or                            
            fact.  Finally, on the date of trial, petitioner refused to                                
            appear even though he had been informed that he must appear.                               
                  A review of the record satisfies us that petitioner has                              
            maintained this case primarily for delay.  The Court’s time and                            
            resources have been wasted.  In view of the foregoing, we shall                            
            exercise our discretion under section 6673(a)(1) and require                               
            petitioner to pay a penalty to the United States of $2,000.  See                           
            Funk v. Commissioner, T.C. Memo. 2000-169.                                                 
                  To reflect the concessions of the parties,                                           
                                                      An appropriate order will                        
                                                be issued, and decision will be                        
                                                entered under Rule 155.                                






















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  

Last modified: May 25, 2011