-5-
(2) Exhibit 2-R: a certified photocopy of the Information
Return Master File Tax Account Transcript printout summarizing
employee compensation reported to respondent with regard to
petitioner and his 2002 taxable year;
(3) Exhibit 3-R: a Form 4340, Certificate of Assessments,
Payments and Other Specified Matters, for petitioner and his 2002
taxable year;
(4) Exhibit 4-R: the notice of deficiency at issue; and
(5) Exhibit 5-R: a motion filed by petitioner in the U.S.
Bankruptcy Court for the District of Delaware as to the
bankruptcy case of Efeckta.
The Court admitted the exhibits into evidence and granted
respondent’s motion. The recall was concluded at 9:55 a.m.
At 10:24 a.m., the case was recalled a second time.
Petitioner’s counsel appeared, unaccompanied by petitioner.
Petitioner’s counsel moved the Court to vacate our order of
dismissal, stating that he tried to be in the courtroom at 9:30
a.m. but was not able to arrive at the courthouse until 10 a.m.
because of “very congested city and parking difficulties”.
Petitioner’s counsel stated that he was “remiss” to not have
informed the Court that he would be tardy. The Court granted
petitioner’s motion to vacate our earlier dismissal for lack of
prosecution and reopened the record to allow petitioner to make
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