- 12 -
amount of gross receipts reported on Form 1120S for 2000 was
$731,619, and presumably was compensation for petitioner’s
services as a physician. Only $79,703 in medical payments was
included as income in the statutory notice for 2000. The gross
receipts reported on Form 1120S for 2001, $731,091, exceeded the
medical payments included in the statutory notice for 2001,
$614,748. The gross receipts reported on Form 1120S for 2002,
$739,085, exceeded the medical payments included in the statutory
notice for that year, $612,981.
Discussion
Rule 123 provides in part as follows:
(a) Default: If any party has failed to plead or
otherwise proceed as provided by these Rules or as
required by the Court, then such party may be held in
default by the Court either on motion of another party
or on the initiative of the Court. Thereafter, the
Court may enter a decision against the defaulting
party, upon such terms and conditions as the Court may
deem proper, or may impose such sanctions (see, e.g.,
Rule 104) as the Court may deem appropriate. The Court
may, in its discretion, conduct hearings to ascertain
whether a default has been committed, to determine the
decision to be entered or the sanctions to be imposed,
or to ascertain the truth of any matter.
(b) Dismissal: For failure of a petitioner
properly to prosecute or to comply with these Rules or
any order of the Court or for other cause which the
Court deems sufficient, the Court may dismiss a case at
any time and enter a decision against the petitioner.
The Court may, for similar reasons, decide against any
party any issue as to which such party has the burden
of proof, and such decision shall be treated as a
dismissal for purposes of paragraphs (c) and (d) of
this Rule.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011