127 T.C. No. 15 UNITED STATES TAX COURT KELLY SUE TIPTON, Petitioner, AND DARREN L. DARILEK, Intervenor v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 10739-05. Filed December 18, 2006. P petitioned this Court for redetermination of a deficiency. Subsequently, during a conference with R’s Appeals Office, P requested relief from joint and several liability pursuant to sec. 6015, I.R.C. Pursuant to Rule 325(a), Tax Court Rules of Practice and Procedure, R notified I of P’s request for sec. 6015, I.R.C., relief and of I’s right to intervene. I filed a notice of intervention. I was sent a notice of trial by the Court and was also notified by R that R would afford P complete sec. 6015, I.R.C., relief if I failed to appear at trial. I failed to appear at trial, and R filed a motion to dismiss I for failure to prosecute. Held: I, who was sent notice of trial but failed to appear at the trial of the case in which he intervened, has failed properly to prosecute any claims or defenses he may have, and, accordingly, those claims and defenses may be dismissed. Consequently, R’s motion will be granted.Page: 1 2 3 4 5 6 7 8 Next
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