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and 1999 tax returns.4 Petitioner failed to attend the December
3, 2004, meeting, and he did not contact respondent to discuss
rescheduling options.
This case was first set for trial during the Court’s March
14, 2005, New York, New York, trial session. A notice setting
case for trial, dated October 8, 2004, and a standing pretrial
order were sent to petitioner. On December 27, 2004, respondent
filed requests for admission. Petitioner’s response to the
request for admissions was due on January 24, 2005. The Court
did not receive a response to the request for admissions from
petitioner, and, as a result, the statements of fact in the
request for admissions were deemed admitted pursuant to Rule
90(c).
By letter dated February 4, 2005, petitioner stated that he
did not attend the December 3, 2004, meeting because respondent
had not mailed him his remaining tax returns. Petitioner also
stated that he had contacted his previous employers, who informed
him that they no longer had his records for the years in issue.
He requested copies of his Forms W-2, Wage and Tax Statements,
and Forms 1099 from respondent for years 1989 through 1993.
On March 2, 2005, petitioner, via teleconference with the
Court and respondent’s counsel, requested a continuance due to
4Respondent contends that these were the only returns of
petitioner that respondent possessed as of that date.
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Last modified: May 25, 2011