- 16 - October 9, 2001 report in each of those cases indicated that as of October 5, 2001, petitioner in each such case had not provided any documents in response to respondent’s request for production of documents or any responses to respondent’s interrogatories. On October 15, 2001, the Court had these cases called from the Court’s trial calendar (calendar call) at the Court’s trial session in Cleveland, Ohio (Cleveland trial session). At that calendar call, there was no appearance by or on behalf of Herbst Management Trust in the case at docket No. 9999-00, Herbst Charitable Trust in the case at docket No. 10000-00, Ms. Herbst in the case at docket No. 10001-00, and Mr. Herbst in the case at docket No. 10002-00. At that time, respondent orally moved to dismiss each of these cases for failure to prosecute, and respon- dent requested, and the Court held, a trial because, according to respondent, respondent had the burden of production pursuant to section 7491(c)4 with respect to (1) the accuracy-related penal- ties under section 6662(a) for 1996 and 1997 that respondent determined against Herbst Management Trust in the case at docket No. 9999-00, (2) the additions to tax under section 6651(a)(1) for 1996 and 1997 that respondent determined against Herbst Charitable Trust in the case at docket No. 10000-00, (3) the 4All section references are to the Internal Revenue Code in effect at all relevant times. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011