TP fails at the plate in the 9th

[The Observer]

We discussed this TP previously at: viewtopic.php?f=27&t=3073&p=47801&hilit=klootwyk#p47801

NORMAN KLOOTWYK,
Petitioner - Appellant,
v.
COMMISSIONER OF INTERNAL REVENUE,
Respondent - Appellee.

Release Date: MARCH 04, 2011

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Tax Ct. No. 21030-06L

MEMORANDUM/*/

Appeal from a Decision of the United States Tax Court

Submitted February 15, 2011/**/

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Norman Klootwyk appeals pro se from the tax court's order granting the Commissioner of Internal Revenue's motion to dismiss Klootwyk's petition contesting a Notice of Determination concerning income tax liabilities for tax years 1999 and 2000. We have jurisdiction under 26 U.S.C. section 7482(a)(1). We review for an abuse of discretion a tax court's decision to dismiss a case for lack of prosecution. Edelson v. Comm'r, 829 F.2d 828, 831 (9th Cir. 1987). We affirm.

The tax court did not abuse its discretion in dismissing Klootwyk's petition for failure to prosecute because Klootwyk failed to appear at trial, despite several warnings that failure to appear could result in dismissal of the petition. See id. (holding that the tax court did not abuse its discretion in dismissing the taxpayers' petitions for failure to prosecute where the taxpayers had, among other things, failed to appear for trial).

We do not consider Klootwyk's undeveloped contentions regarding the motions for sanctions and to strike. See Leer v. Murphy, 844 F.2d 628, 634 (9th Cir. 1988) ("Issues raised in a brief which are not supported by argument are deemed abandoned.").

Klootwyk's remaining contentions are unpersuasive.

AFFIRMED.

//*//

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.


//**//

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

[Quixote]

I thought all TPs wanted to have a trial. How else would they play out their fantasies of putting the Comissioner of Internal Revenue on the stand and trapping him into an admission that the income tax applies only to income from weasel farming?

[bmielke]

I thought all TPs wanted to have a trial. How else would they play out their fantasies of putting the Comissioner of Internal Revenue on the stand and trapping him into an admission that the income tax applies only to income from weasel farming?

Is that why Turbo Tax had three questions on weasel farming? I figured they just really liked the little guys.

[The Observer]

I thought all TPs wanted to have a trial.

Of course they do. And so did Klootwyk, since he knew he was going to win. However, the Illuminati also knew that Klootwyk was going to win, so they hired the Adjustment Bureau to kidnap him and prevent him from showing up. Of course they also erased his memory so he wouldn't remember being kidnapped.

[bmielke]

I thought all TPs wanted to have a trial.

Of course they do. And so did Klootwyk, since he knew he was going to win. However, the Illuminati also knew that Klootwyk was going to win, so they hired the Adjustment Bureau to kidnap him and prevent him from showing up. Of course they also erased his memory so he wouldn't remember being kidnapped.

And our Illumanti Judges made up some arguments that don't make sanse, refuted them and found in the Gobermint's favor. WE ALL KNOW THE TROOF!