- 7 - overpayment. During the conference call, petitioner confirmed that he had not retained counsel or produced any documentation to respondent concerning his 2000 income or expenses. On March 14, 2005, we received a document from petitioner entitled “MOTION FOR REDETERMINATION OF ZERO”, which we filed on that date as petitioner’s Motion for Entry of Decision. In the motion, petitioner alleges that on February 9, 2005, he had submitted a Federal income tax return for 2000 to respondent that “documented petitioner’s position in discovery of W-2 errors and correcting the record regarding said W-2 errors concluding with a zero tax liability.” By order dated March 16, 2005, we denied petitioner’s motion. 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. 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011