Arvin E. Mitchell - Page 10

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               Petitioner has disregarded the Court’s Rules and standing              
          pretrial order by failing to cooperate meaningfully with                    
          respondent to prepare this case for trial.  Petitioner’s pattern            
          of canceling scheduled conferences, providing notice of his                 
          intent not to attend shortly before each conference was to take             
          place, and ignoring respondent’s requests for production of                 
          records made it impossible for the parties to exchange                      
          information, conduct negotiations, or prepare a stipulation of              
          facts before trial.  Petitioner also failed to prepare and submit           
          a pretrial memorandum before either of the scheduled trial                  
          sessions, and he still has not produced all of the documents                
          relevant to his case.  Petitioner intentionally attempted to                
          delay the proceedings by filing a motion for continuance before             
          the September 7, 2004, trial session.  See Williams v.                      
          Commissioner, 119 T.C. 276, 279-280 (2002).  Petitioner’s motion            
          for continuance was filed less than 30 days before trial and                
          failed to verify the existence of any exceptional circumstances             
          that justified postponing the trial.  See Rule 133.  Moreover,              
          petitioner failed to appear at the September 7, 2004, calendar              
          call.  Despite respondent’s attempts to contact petitioner about            
          the September 9, 2004, hearing and respondent’s warning that the            
          Court might dismiss the case if petitioner failed to attend,                
          petitioner did not appear at the hearing on September 9, 2004, or           
          provide proof of any legitimate reason for his failure to do so.            
               Petitioner’s allegations that he was unable to communicate             




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