Arvin E. Mitchell - Page 11

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          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...)          




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