- 26 - that section in the amount of $25,000. Pursuant to Herbst I, on March 28, 2002, the Court entered an Order of Dismissal and Decision in each of the cases at docket Nos. 10001-00 and 10002-00. In each such Order, the Court granted respondent’s motion to dismiss for lack of prosecution in each such case in that we dismissed each of those cases for failure by petitioner to prosecute. The Court also entered in each such Order a decision in each of the cases at docket Nos. 10001-00 and 10002-00 (1) sustaining the determinations that respondent made in the notice of deficiency to which each such case pertained, but in reduced amounts which respondent conceded were appropriate in order to reflect the duplication of certain income determinations in the respective notices of deficiency issued to Ms. Herbst and Mr. Herbst, and (2) imposing a penalty pursuant to section 6673(a)(1) on Ms. Herbst in the case at docket No. 10001-00 in the amount of $25,000 and on Mr. Herbst in the case at docket No. 10002-00 in the amount of $25,000. On June 24, 2002, Mr. Wise again entered an appearance in each of the cases at docket Nos. 9999-00 through 10002-00. On the same date, Mr. Wise, on behalf of Herbst Management Trust in the case at docket No. 9999-00 and Herbst Charitable Trust in the case at docket No. 10000-00, filed a motion for leave (motion for leave) to file motion to vacate order of dismissal in each of those cases and lodged a motion to vacate (motion to vacate)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011