- 6 - Respondent’s motion for sanctions was supported by the written declaration by a representative of respondent’s counsel’s office, dated October 1, 2001. The declaration explained that the bankruptcy court’s files were examined and that docket No. LA99-19644AA (the docket number shown on the purported petition for bankruptcy 1) involved the bankruptcy of one Zakarian Arsen. In addition, a search of the bankruptcy court’s records did not reveal that petitioner had filed a bankruptcy proceeding during the period reflected in the purported bankruptcy petition. Discussion A. Respondent’s Motion To Dismiss for Lack of Prosecution Respondent has moved to dismiss this case because of petitioner’s lack of prosecution. We note that respondent does not bear the burden of proof on any portion of the determined deficiencies in income tax, additions to tax, or accuracy-related penalties. Petitioner has ignored this Court’s orders and has failed to either prepare for trial or appear at scheduled hearings. Petitioner has intentionally delayed this case on three separate occasions by advising of bankruptcy proceedings, both real and alleged, and interposing the automatic stay to avoid trial and compliance with this Court’s orders. In addition, petitioner has ignored all of respondent’s invitations to settle or to stipulate. Petitioner has not attempted and never intended to pursue the determined deficiencies on theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011