Robert C. Curci - Page 7

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                                     Discussion                                       
               The Court may dismiss a case at any time and enter a                   
          decision against the taxpayer for failure properly to prosecute             
          his case, failure to comply with the Rules of the Court or any              
          order of the Court, or for any cause that the Court deems                   
          sufficient.  Rule 123(b).  Dismissal is appropriate where the               
          taxpayer’s failure to comply with the Court’s Rules and orders is           
          due to willfulness, bad faith, or fault.  See Dusha v.                      
          Commissioner, 82 T.C. 592, 599 (1984).  In addition, the Court              
          may dismiss a case for lack of prosecution if the taxpayer                  
          inexcusably fails to appear at trial and does not otherwise                 
          participate in the resolution of his claim.  Rule 149(a);                   
          Rollercade, Inc. v. Commissioner, 97 T.C. 113, 116-117 (1991);              
          Smith v. Commissioner, T.C. Memo. 2003-266, affd. sub nom. Hook             
          v. Commissioner, 103 Fed. Appx. 661 (10th Cir. 2004).                       
               Petitioner has disregarded the Court’s Rules and standing              
          pretrial order by failing to cooperate meaningfully with                    
          respondent to prepare this case for trial.  Petitioner’s pattern            
          of procrastination and inaction made it impossible for the                  
          parties to exchange information, conduct negotiations, or prepare           
          a stipulation of facts before trial.  Petitioner’s several                  
          requests for more time to file his delinquent returns, which were           









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