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February 9, 2004, Philadelphia, Pennsylvania, trial session. A
notice setting case for trial, dated September 4, 2003, and a
standing pretrial order were sent to petitioner. On January 15,
2004, petitioner moved for a continuance on the grounds that he
needed more time to negotiate a settlement with the Appeals
officer and to liquidate the assets necessary to satisfy any tax
liability resulting from the settlement. Petitioner’s motion for
continuance stated in part the following:
There are a litany of reasons for my request for
continuance. As a courtesy I will just specify one of
the main ones. * * *
I need a continuance in order to work out the
settlement. The glitch is in the payoff of the
settlement. If [the Appeals officer] * * * and I agree
on a “low-end” settlement amount then I can just give
him a check and the matter is concluded. If however
the settlement amount is near the high end of the
spectrum, I will have to pay using non-cash assets. It
can take several months to establish the value of these
assets since the potential buyers are scattered
throughout the country. [The Appeals officer’s] * * *
patience and flexibility in dealing with these asset
liquidation issues is material to settlement of the
case--for without these I would likely be motivated to
pursue the litigation option. The postponement of my
court date by at least several months would be ideal,
although I’m realistic enough to know you may have
limits.
Again, if you find this reason to be insufficient,
please notify me and I can have additional reasons
overnighted to you since there are so many reasons.
* * *
Respondent objected to the continuance, stating that petitioner
failed to attend every conference that counsel for respondent or
the Appeals officer had scheduled, after providing notice of his
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