- 8 - testify. * * * The injustice to petitioner by the Court’s failure to grant the motion for continuance is profound.” While petitioner’s first three motions for continuance are not in issue, they provide important context. All three motions were filed approximately 2 weeks before the respective calendar calls and listed the same four grounds for continuance: (1) Petitioner’s incarceration; (2) to allow petitioner to hire an attorney; (3) to give petitioner the time to review records with an accountant; and (4) to give petitioner time to receive bank records. Petitioner’s fourth motion for continuance was not filed until March 16, 2005, on the morning of trial and 2 days after calendar call. Essentially, the fourth motion offers three grounds for continuance. Two of the grounds are: (1) Petitioner has been unable to review his records on account of his incarceration; and (2) petitioner recently hired counsel and an accountant to help in the preparation of the case. Rule 133 provides that a motion for continuance filed within 30 days of the trial date will be denied unless the ground for continuance arose during that period or there is a good reason for not making the motion sooner. See Higginbotham v. Commissioner, T.C. Memo. 2005-270; Smith v. Commissioner, T.C. Memo. 2004-198. Employment of an attorney or an accountant shortly before trial ordinarily is not grounds for a continuance.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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