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TELLO v. C.I.R.

No. 04-60955 Summary Calendar.

410 F.3d 743 (2005)

John TELLO; et al., Petitioners, John Tello, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 2005.

Attorney(s) appearing for the Case

John Tello, Mesquite, TX, pro se.

Anthony T. Sheehan, Kenneth L. Greene, Tax Div., Eileen J. O'Connor, Asst. Atty. Gen., U.S. Dept. of Justice, Charles Casazza, Clerk, U.S. Tax Court, Donald L. Korb, Chief Counsel, IRS, Washington, DC, for CIR.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:

John Tello, pro se, appeals the decision of the United States Tax Court. The Tax Court dismissed Tello's petition for failure to prosecute and sanctioned him under Internal Revenue Code § 6673 in the amount of $2,500 for advancing frivolous positions and instituting and maintaining the proceeding primarily for delay. We review both dismissals for failure to prosecute and the imposition of sanctions under I.R.C. § 6673 for abuse of discretion...

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