Mildred I. Criss, et al. - Page 9




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          tax under section 6651(a)(1) for 1997 that respondent determined            
          against Criss Trust.6  At the trial in these cases on October 15,           
          2001, there was no appearance by or on behalf of Ms. Criss, Mr.             
          Criss, or Criss Trust.                                                      
               On November 13, 2001, respondent filed a written motion to             
          dismiss for lack of prosecution and to impose sanctions under               
          section 6673 in the case at docket No. 9700-00, a written motion            
          to dismiss for lack of prosecution and to impose sanctions under            
          section 6673 in the case at docket No. 9701-00, and a written               
          motion to hold petitioner in default in the case at docket No.              
          9702-00.                                                                    
               On December 3, 2001, the Court sua sponte issued an Order              
          (December 3, 2001 Show Cause Order) directing each party in the             
          case at docket No. 9702-00 in which Criss Asset Management Trust            
          is named as petitioner to                                                   
               show cause in writing why the Court has jurisdiction                   
               over this case, including the identity of any purported                
               fiduciary of petitioner and a detailed analysis of why                 
               such purported fiduciary has the capacity to litigate                  
               in the Court on behalf of petitioner.                                  
               On December 19, 2001, respondent filed a written response to           
          the December 3, 2001 Show Cause Order in which respondent con-              
          tended, inter alia, that                                                    



               6However, in the brief that respondent filed after the                 
          trial, respondent makes no mention of respondent’s determination            
          that Criss Trust is liable for the addition to tax under sec.               
          6651(a)(1).  See supra note 4.                                              





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