Walter J. & Virginia L. Ward, et al. - Page 5




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          inconsistent positions and asserted tax on the corrected income             
          of the trusts.                                                              
              On October 12, 2000, petitioners invoked the jurisdiction of           
          this Court by timely filing petitions.  At the time they filed              
          the petitions, the Wards resided in Anchorage, Alaska, and the              
          trusts’ mailing addresses were in Anchorage, Alaska.  In the                
          answers, respondent denied petitioners’ assignments of error.               
               By notice dated January 18, 2001, the Court set these cases            
          for trial at the Court’s Anchorage, Alaska, session beginning               
          June 18, 2001.  This notice specifically stated:  “YOUR FAILURE             
          TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE AND ENTRY OF                  
          DECISION AGAINST YOU.”  Although our standing pretrial order                
          required petitioners to submit trial memoranda, they never did              
          so.                                                                         
               On April 2, 2001, respondent filed a motion to consolidate             
          for trial, briefing, and opinion the Wards’ case with the cases             
          of the trusts.  On April 12, 2001, the Court granted this motion.           
               On April 9, 2001, respondent filed respondent’s first                  
          request for admissions in each of the cases.  Petitioners did not           
          respond to the requests for admissions.  Therefore, each matter             
          of which respondent requested admission is deemed admitted.  Rule           
          90(c).  Some of these deemed admissions were:                               
               (1) The returns attached to the requests for admissions are            








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