-9- petitioner did not have a guardian or anyone with power of attorney or any authority to represent his interests. Respondent requested a letter verifying the above, but no letter was provided to respondent. Rule 60(d) provides that, absent a duly appointed representative to represent an incompetent taxpayer’s interest in the Tax Court, the incompetent person may act by a next friend or by a guardian ad litem. See Campos v. Commissioner, T.C. Memo. 2003-193. There is no indication in the record that petitioner or his son has tried to appoint a guardian or to have anyone act as next friend. Petitioner failed to file status reports in response to Court orders dated October 1, 2003, and July 14, 2004. The July 14, 2004, Order warned petitioner that failure to “respond to this order without good cause shown may result in dismissal of this case.” Petitioner did not file a response to respondent’s Motion For Default And Entry Of Decision, as ordered by the Court on September 15, 2004. The Court’s September 15, 2004, order warned petitioner that “failure to file a response could result in respondent’s motion being granted and decision entered against petitioner.” Discussion If a party fails to plead or otherwise proceed as provided by the Rules or as required by the Court, that party may be held in default on the motion of the other party or on the initiativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011