- 12 - have not only failed to carry their burden, but they have defaulted within the meaning of Rule 123(a). Pursuant to Rule 123(a), we may hold any party in default when that “party has failed to plead or otherwise proceed as provided by these Rules or as required by the Court”, and “Thereafter the Court may enter a decision against the defaulting party”. The action or inaction of a taxpayer that constitutes sufficient grounds to apply Rule 123(a) is a matter within our discretion, and we have consistently given Rule 123 broad applicability. See, e.g., Smith v. Commissioner, 91 T.C. 1049, 1056 (1988) (default where taxpayer failed to communicate with the Court, to appear at trial, to participate in preparation of case for trial, and to comply with the requirements of Rule 91(a) with regard to preparation of a stipulation of facts), affd. 926 F.2d 1470 (6th Cir. 1991); Stringer v. Commissioner, 84 T.C. 693, 2(...continued) Appeals for the Third Circuit in regard to respondent’s determination that the Basiles failed to report income. Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971). Because the facts alleged by respondent in his answer to the Basiles’ petition and the deemed admissions provide sufficient evidence linking the Basiles to the unreported income, the presumption of correctness applies to respondent’s determination, and petitioners bear the burden of proof that respondent’s determination is erroneous. See Bosurgi v. Commissioner, 87 T.C. 1403, 1409 (1986) (“The entry of a default has the effect of admitting all well-pleaded facts in respondent’s answer, and a default judgment must be supported by respondent’s well-pleaded facts.”); Smith v. Commissioner, 91 T.C. 1049, 1057 (1988) (The establishment of respondent's well-pleaded facts through a default is no different than establishing such facts through deemed admissions), affd. 926 F.2d 1470 (6th Cir. 1991).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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