Paul F. and Barbara J. Basile - Page 6

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          In the answer to BHC’s petition, respondent included specific               
          allegations that BHC’s 1997 tax return was due on September 15,             
          1998, but that BHC did not file the return until May 28, 1999.              
          Petitioners did not file replies to respondent’s answers.                   
               By notice dated May 23, 2002, we set this case for trial at            
          the Tampa, Florida, trial session beginning on October 28, 2002.            
          The notice specifically stated that “YOUR FAILURE TO APPEAR MAY             
          RESULT IN DISMISSAL OF THE CASE AND ENTRY OF DECISION AGAINST               
          YOU.”  Our standing pretrial order, which requires that all facts           
          be stipulated to the maximum extent possible, all documentary and           
          written evidence be stipulated in accordance with Rule 91(b), and           
          each party prepare a trial memorandum not less that 15 days                 
          before the first day of the trial session, was attached to the              
          notice.  The standing pretrial order also warned that “If any               
          unexcused failure to comply with this Order adversely affects the           
          timing or conduct of the trial, the Court may impose appropriate            
          sanctions, including dismissal”.                                            
               On June 26, 2002, counsel for respondent telephoned Mr.                
          Bedford in order to introduce himself and arrange for a                     
          conference to discuss this case.  Respondent’s counsel was unable           
          to reach Mr. Bedford, so he left him an answering machine message           
          and sent letters informally requesting that petitioners answer              
          questions and produce certain documents.  Mr. Bedford provided              
          cursory responses to some but not all of the questions, and he              






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