- 6 - requests for admissions of fact. Petitioner alleged that respondent had failed to show that petitioner had received taxable income. He contended that there was no evidence to support the determination; therefore, the determination was arbitrary and erroneous, and the burden of proof shifted to respondent. On August 30, 2000, we summarily dismissed petitioner’s claims. On August 31, 2000, respondent filed his response to petitioner’s request for admissions of fact. On September 5, 2000, because petitioner had failed to respond to respondent’s discovery requests, respondent filed a motion to compel responses to respondent’s interrogatories. On September 6, 2000, we granted respondent’s motion and ordered petitioner to make full, complete, and responsive answers on or before September 18, 2000. We warned petitioner that failure to comply with the Court’s order could lead to sanctions under Rule 104, including dismissal of the case and entry of a decision against him. On September 19, 2000, respondent received petitioner’s responses, but they were evasive and incomplete. D. Motion To Dismiss and October 16, 2000, Trial On October 2, 2000, respondent filed a motion to dismiss for failure properly to prosecute and for a penalty under section 6673 with regard to petitioner’s case. On October 16, 2000, petitioner filed an opposition to respondent’s motion, a response to respondent’s request for admissions, and a motion to withdrawPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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