- 15 - respondent against Dr. Trowbridge for the years 1991 through 1993, and (2) that Ms. Martin be held in default with respect to, and that a decision be entered in respondent’s favor in the full amount of, the deficiencies in tax determined by respondent against Ms. Martin for the years 1991 through 1995. Petitioners object, respectively, to those motions (collectively, the default motions).4 In pertinent part, Rule 123(a) provides: (a) Default: If any party has failed to plead or otherwise proceed as provided by these Rules or as required by the Court, then such party may be held in default by the Court either on motion of another party or on the initiative of the Court. Thereafter, the Court may enter a decision against the defaulting party, upon such terms and conditions as the Court may deem proper * * * Respondent argues that petitioners’ failures to appear for the call of these cases on December 3, 2001, and at the trial of the cases on December 4, 2001, constitute defaults and that it is appropriate for the Court to enter default judgments against each with respect to the deficiencies and additions to tax that are the subject of the default motions. 4 Although petitioners failed to appear at the hearing on the default motions, they did submit a document to the Court that day styled “Mandatory Judicial Notice of Petitioner’s Refusal for Cause of Respondent’s Motion for Default Judgment”, which we filed in each case as an objection to the respective default motions.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011