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the Court to compel production of documents and responses to
interrogatories.
On September 6, 2000, the Court granted respondent’s motions
to compel production of documents and responses to
interrogatories, ordering that the production and responses occur
on or before September 18, 2000. The Court warned petitioners
that if they failed to comply with the Court’s order, it would
impose sanctions under Rule 104, including dismissal of the case
or a decision against petitioners. Petitioners failed to respond
to the Court’s order.
On September 19, 2000, respondent’s counsel met with Mr.
Sigerseth, but petitioners still refused to provide the requested
information and documents. Mr. Sigerseth however provided
respondent’s counsel with a proposed letter to the Court
requesting that petitioners be allowed to withdraw their
petition.
On October 2, 2000, respondent filed a motion to dismiss for
failure to prosecute and for a penalty under section 6673. On
October 11, 2000, petitioners responded to respondent’s motion by
filing a motion to dismiss for lack of jurisdiction claiming that
the notice of deficiency was improper and making protester type
arguments. Petitioners’ motion to dismiss for lack of
jurisdiction was denied.
On October 16, 2000, this case was called for trial in San
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