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intention not to appear on the day before or the day of each
scheduled conference. Respondent stated that, as a result,
petitioner never discussed settling his case. Respondent further
explained that petitioner had never produced any documents since
his 1998 and 2000 taxable years were selected for examination,
and that petitioner had failed to comply with the Court’s
standing pretrial order requiring the production of documents and
preparation of a stipulation of facts.
In a written response to respondent’s reply to the motion
for continuance, a copy of which petitioner faxed to respondent,
petitioner advanced several other reasons for requesting the
continuance. Petitioner attributed his failure to meet with
respondent to “significant health issues” and explained that he
was unable to produce many of the relevant documents because of
“serious” problems with the personal computer on which the
documents were stored. Petitioner further stated that many of
the documents respondent requested disclosed the identities of
third parties and that, pursuant to confidentiality agreements,
disclosure of such information might subject petitioner to
liability for liquidated damages.
Before the February 9, 2004, trial session, petitioner met
with counsel for respondent but did not produce all of the
requested documents. The Court also received from petitioner a
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Last modified: May 25, 2011