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used at trial “in a fashion that will allow the Court to relate
each record to an expense deduction” on the various Schedules C.
The Court ordered petitioners to supply the organized documents
to respondent not later than 60 days prior to the next scheduled
trial date. Further, the Court held that failure to comply with
the order would constitute grounds for respondent to renew the
motion to dismiss for failure to prosecute.
On June 12, 2001, respondent sent petitioners a letter
requesting that the organized documents be submitted to
respondent in accordance with the February 5, 2001, order.
Respondent warned petitioners that failure to submit the
organized documents in accordance with the Court’s order would
result in respondent’s renewing the motion to dismiss for failure
to prosecute. This letter was sent to petitioners by certified
mail and was signed for by Mr. Nunn.
On August 1, 2001, the case was again scheduled for trial at
the Houston trial session beginning on October 22, 2001. The
notice setting the case for trial explained that before trial the
parties must cooperate fully and “must agree in writing to all
facts and all documents about which there should be no
disagreement.” Petitioners refused to stipulate any facts in
this case.
On August 8, 2001, respondent sent another letter to
petitioners requesting the documents in an organized manner.
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