- 2 - imposition of penalties under section 6673.1 We must decide whether the cases should be dismissed for lack of prosecution and whether penalties should be imposed. Background Docket No. 446-06 Respondent determined a $554 income tax deficiency for petitioner’s 2003 tax year solely attributable to the 10-percent additional tax under section 72(t) on early distributions from qualified retirement plans. The petition was filed on January 6, 2006, and respondent’s answer was filed on March 10, 2006. After filing his petition, petitioner immediately began requesting documents from respondent, and on April 3, 2006, respondent moved for a protective order, which the Court granted April 24, 2006. Approximately 1 year later respondent moved to have this case calendared, petitioner objected, and the Court calendared this case for trial, along with docket No. 26301-06, on the Court’s September 24, 2007, Milwaukee, Wisconsin, session. On May 29, 2007, petitioner moved for summary judgment on the basis that respondent’s counsel and certain unnamed clerks of the Tax Court “have engaged in serious misconduct” and the “presiding judge has failed and failed again to show any semblance of impartiality”. Petitioner did not seek summary judgment with 1 All section references are to the Internal Revenue Code as amended and in effect for the periods under consideration. 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 NextLast modified: March 27, 2008