Legal Opinion

Keating v. Commissioner

United States Tax Court

Decided June 25, 1985No. Docket No. 31330-83UnpublishedCited by 1 opinion

Ps have totally failed to produce documents and answer interrogatories despite a specific order of this Court directing them to do so. Held, Ps' failure constitutes a default under the circumstances of this case. R's Motion to Impose Sanctions seeking, inter alia, a judgment for default under Rule 104(c)(3), Tax Court Rules of Practice and Procedure, is granted.

Read the full summary

Ps have totally failed to produce documents and answer interrogatories despite a specific order of this Court directing them to do so. Held, Ps' failure constitutes a default under the circumstances of this case. R's Motion to Impose Sanctions seeking, inter alia, a judgment for default under Rule 104(c)(3), Tax Court Rules of Practice and Procedure, is granted. Held further, in these circumstances, and on the Court's own motion, damages in the amount of $5,000 are awarded to the United States since Ps are maintaining this proceeding primarily for delay and their position herein is…

1Opinion of the Court

JAMES T. KEATING AND GERTRUDE KEATING, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Keating v. Commissioner

Docket No. 31330-83.

United States Tax Court

T.C. Memo 1985-312; 1985 Tax Ct. Memo LEXIS 329; 50 T.C.M. (CCH) 233; T.C.M. (RIA) 85312;

June 25, 1985.

Ps have totally failed to produce documents and answer interrogatories despite a specific order of this Court directing them to do so. Held, Ps' failure constitutes a default under the circumstances of this case. R's Motion to Impose Sanctions seeking, inter alia, a judgment for default under Rule 104(c)(3), Tax Court Rules of…

2Cases cited20 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  3. Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
  4. McCoy v. CommissionerUnited States Tax Court · 1981
  5. Norman E. McCoy and Mary Louise McCoy v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1983

15 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Kernan v. Comm'rUnited States Tax Court · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API