Robert C. Curci - Page 4

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               On November 17, 2004, petitioner informed respondent that              
          petitioner had prepared a schedule of stock transactions for the            
          years in issue and was waiting for an appointment to have his tax           
          returns prepared.  On November 22, 2004, petitioner told                    
          respondent that he had scheduled such an appointment for November           
          23, 2004, and that he anticipated his returns being prepared and            
          completed shortly thereafter.  On November 24, 2004, we filed               
          respondent’s status report in which respondent requested an                 
          additional 45 days, until January 9, 2005, for the parties to               
          file decision documents or a status report.  We granted the                 
          parties’ request for an extension by order dated November 29,               
          2004.                                                                       
               On December 28, 2004, respondent requested that petitioner             
          submit his delinquent returns on or before January 5, 2005.                 
          Respondent also warned petitioner that if petitioner did not make           
          progress in preparing and filing his delinquent returns,                    
          respondent would request that petitioner’s case be called for               
          trial during the next New York, New York, trial session.  On                
          January 3, 2005, petitioner informed respondent that petitioner             
          did not have his returns prepared.  Respondent again warned                 
          petitioner that if he did not receive petitioner’s returns by               
          January 5, 2005, he would request that the case be restored to              
          the general docket and calendared for trial at the next New York,           
          New York, trial session.  On January 5, 2005, petitioner informed           






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