- 11 - with respondent or produce documents because of his medical condition lack credibility because petitioner apparently had access to a facsimile machine and managed to contact respondent shortly before the September 7, 2004, trial session was scheduled to begin. Moreover, petitioner’s arguments implying that respondent has not diligently prosecuted this case are unfounded. Respondent has given petitioner ample opportunity to participate in the resolution of his claim and has contacted petitioner on numerous occasions to inform him of the status of the case. We find that petitioner has failed to comply with this Court’s Rules and orders and has failed properly to prosecute this case. See Rollercade, Inc. v. Commissioner, supra at 116- 117; Smith v. Commissioner, supra. Petitioner’s course of conduct throughout the proceedings demonstrates that these failures are due to petitioner’s willfulness, bad faith, or fault, and we conclude that dismissal of this case is appropriate. Petitioner has not raised any issue upon which respondent has the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933) (Commissioner’s determinations in the notice of deficiency are presumed correct; taxpayer bears the burden of proving them wrong).3 3Because petitioner has not introduced any credible evidence (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011