- 7 - On June 13, 2005, petitioner failed to appear at the calendar call. Respondent’s counsel appeared and presented a second motion to dismiss for lack of prosecution, along with documentary evidence in support of the motion to dismiss. The Court took respondent’s motion to dismiss under advisement. Respondent’s motion to dismiss represents that (1) all material allegations of fact set forth in the amended petition in support of the assignments of error have been denied in the answer; (2) petitioner has not raised any issues upon which respondent has the burden of proof, and respondent has not conceded any error assigned in the amended petition; (3) petitioner has not produced any evidence to support the assignments of error in the amended petition; and (4) petitioner has failed to respond to respondent’s letters requesting that petitioner attend conferences and produce his records for respondent’s review. 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 5(...continued) could proceed.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011