- 10 - 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 communicatePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011