Julie K. McCammon - Page 12

                                       - 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