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Orders) in the cases at docket Nos. 10001-00 and 10002-00 in
which it granted respondent’s respective motions to compel
discovery and ordered petitioners to produce on or before Septem-
ber 28, 2001, the documents requested in respondent’s requests
for production of documents and the answers to respondent’s
interrogatories. In the respective September 19, 2001 Orders in
the cases at docket Nos. 10001-00 and 10002-00, the Court further
ordered respondent to file written reports in those respective
cases on or before October 9, 2001, informing the Court whether
petitioners in those cases had complied with the Court’s
respective September 19, 2001 Orders. The Court’s respective
September 19, 2001 Orders put petitioners on notice in the cases
at docket Nos. 10001-00 and 10002-00 that if they did
not fully comply with the provisions of this Order,
this Court will be inclined to impose sanctions pursu-
ant to Tax Court Rule 104, which may include dismissal
of this case and entry of a decision against peti-
tioner.
On September 14, 2001, respondent filed a motion to consoli-
date the instant cases for trial, briefing, and opinion, which
the Court granted on September 24, 2001.
On October 3, 2001, Mr. Herbst filed on behalf of petition-
ers in the instant cases a motion to continue the trial (peti-
tioners’ motion to continue) “until such time as the Petitioner
has time to answer the Respondent’s Motion to Compel Responses to
Respondent’s Interrogatories.” In support of that motion,
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