- 3 - 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 “unopenedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008