- 3 - $10,980.14, and for a civil fraud penalty under section 6663(a).1 Respondent alleged in the motion that the reasons for the increased deficiency and the civil fraud penalty were not evident when he filed his answer to the amended petition. Respondent further alleged that petitioner had received fair warning of respondent’s intention to amend his answer and that petitioner had ample time to prepare for trial under the circumstances. By order dated April 26, 2005, we directed petitioner to file a response to respondent’s motion on or before May 10, 2005. No response was received by the deadline, so we granted respondent’s motion and filed respondent’s amendment to answer on May 19, 2005. On June 1, 2005, we held a conference call with the parties to discuss petitioner’s request for a continuance and respondent’s request for a date and time certain for the trial. Respondent objected to the continuance on a variety of grounds including petitioner’s failure to document a compelling medical reason for the request and his continuing failure to cooperate in preparing the case for trial. We denied petitioner’s request without prejudice to petitioner’s right to renew the request if petitioner could document a compelling reason for another continuance. 1All section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011