- 4 - to tax for failure to file timely and the failure to pay estimated tax. After several months during which petitioner failed to respond to respondent’s Request, respondent moved to compel production of the requested items. Order of the Court On August 4, 2005, the Court granted respondent’s motion to compel production of the requested documents and ordered that they be provided to respondent “on or before August 31, 2005”. The order warned petitioner that upon his failure to fully comply, the Court would be inclined to impose sanctions under Rule 104, including dismissal of his case. On August 31, 2005, petitioner transmitted “hundreds of pages” of electronic facsimiles of some documents to respondent’s counsel. On September 9, 2005, the Court filed petitioner’s motion to extend time to produce documents in which he requested additional time to “fully comply with the August 4 Order”. Petitioner’s motion to extend time was denied on September 19, 2005. Petitioner’s Documents Using copies of the documents transmitted to her on August 31, 2005, that were legible, respondent’s counsel prepared a proposed stipulation of facts for trial. Petitioner, however, refused to stipulate any of the documents that he had transmitted, including a copy of the statutory notice of deficiency, a copy of which was attached to his petition. At thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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