Nicholas Mack - Page 3




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          respect to the underlying merits of respondent’s determination.             
          In effect, petitioner was seeking a dismissal of this case as a             
          sanction against respondent.  After considering the parties’                
          written positions, the Court denied petitioner’s motion for                 
          summary judgment by a June 25, 2007, order.                                 
               Petitioner also served respondent with a request for                   
          admissions, and respondent responded.  At about the same time,              
          respondent’s motion to show cause why proposed facts in evidence            
          should not be accepted as established under Rule 91(f) was filed            
          on June 1, 2007, and on June 5, 2007, the Court issued an order             
          to show cause why said facts should not be deemed stipulated                
          under Rule 91(f).  Petitioner failed to respond, and the order to           
          show cause was made absolute by order dated July 25, 2007.  The             
          facts deemed stipulated support respondent’s position that his              
          determination is not in error.                                              
               Respondent’s attorney and Appeals officer made numerous                
          attempts to contact petitioner for purposes of normal pretrial              
          preparation and/or settlement of the case.  Petitioner was                  
          recalcitrant and refused to speak with respondent’s employees.              
          Petitioner sent respondent a final offer to resolve the case and            
          thereafter, on July 10, 2007, the Court received and filed                  
          “PETITIONER’S NOTICE OF REFUSAL TO ACCEPT SERVICE OF COURT’S                
          DOCUMENTS”.  Attached to petitioner’s notice was a letter to the            
          Clerk of the Tax Court dated July 5, 2007, returning “unopened              







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