J. Thomas and Henrietta A. Hardin - Page 2

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          arising from petitioners’ failure to substantiate certain                   
          expenses for 1996.  The trial of this case was scheduled for the            
          Court’s Louisville, Kentucky, trial session commencing September            
          8, 2003 (Louisville trial session).  When this case was called at           
          calendar, petitioners failed to appear.  Respondent moved to                
          dismiss the case for petitioners’ lack of prosecution.  We grant            
          respondent’s motion to dismiss for lack of prosecution.                     
               Respondent also moved to impose sanctions under section 6673           
          against petitioners for instituting these proceedings primarily             
          for delay and for petitioners unreasonably failing to pursue                
          available administrative remedies.  An evidentiary hearing was              
          held.3  We shall impose a penalty against petitioners under                 
          section 6673.                                                               
                                     Background                                       
               Petitioners resided, at the time they filed the petition, in           
          Inez, Kentucky.                                                             
               Petitioner,4 licensed to practice law in Kentucky and West             
          Virginia, was a self-employed attorney involved in the general              

               2(...continued)                                                        
          indicated.                                                                  
               3 The Court heard testimony from Agent Anna Lou Dary, who              
          handled the audit, and Appeals Officer Elmer L. Craig.  The                 
          testimony related to the accuracy-related penalty under sec.                
          6662(a) and sec. 6673.                                                      
               4 References to petitioner individually are to J. Thomas               
          Hardin, and the claimed deductions relate to his businesses, not            
          to those of Henrietta A. Hardin.                                            





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