- 8 - prejudice towards petitioner and her counsel.4 Petitioner’s Motion for Reconsideration was denied. Thereafter, respondent on December 26, 2000, filed a Motion to Dismiss on the ground that petitioner had failed to prosecute her case. One of the alleged reasons relied upon by respondent for seeking dismissal was that “Notwithstanding the many efforts by respondent to secure cooperation from petitioner and/or her counsel, petitioner has failed and refused in every respect to cooperate to move this case toward resolution.” On January 3, 2001, petitioner moved for a fourth change of the place of trial from Portland, Oregon to San Diego, California. Respondent objected to petitioner’s motion and the matter was set for hearing. After a telephone conference in which petitioner’s counsel agreed to pursue the underlying merits of respondent’s determination, the Court in a February 2, 2001, Order, continued the case from the February 15, 2001, Portland, Oregon, trial session and granted petitioner’s motion to change the place of trial to San Diego, California. On March 13, 2001, petitioner Moved to Stay Proceedings and her motion was denied. Essentially, petitioner alleged that the proceeding should be stayed until petitioner concludes her 4 In our Memorandum Opinion, Carpentier v. Commissioner, T.C. Memo. 2000-258, the Court held that the matters deemed admitted under Rules 37(c) and 90(c) established (1) the nature and amounts of items of income that petitioner failed to report, and (2) her liabilities for the additions to tax determined in the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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