Nicholas Mack - Page 2




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          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.            





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