Jimmie L. Williams and Annie W. Williams, Deceased, Jimmie L. Williams, Personal Representative - Page 6




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               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 their               






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