Opinion
22153-22
12-21-2023
VANCE G. CLAYBORNE & NANCY CLAYBORNE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler, Judge.
On September 27, 2023, respondent filed a Motion for Continuance.
On November 15, 2023, respondent filed a Motion to Dismiss for Lack of Prosecution, moving that the Court dismiss this case and enter a decision against the petitioner pursuant to the Notice of Deficiency upon which this case is based.
This case was called from the calendar of the Court's San Antonio, Texas, trial session, on December 11, 2023. One of the petitioners, Mr. Clayborne, and counsel for respondent appeared and were heard. There was no appearance by Ms. Clayborne. Upon due consideration and for cause more fully appearing in the transcript of the proceeding, it is
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed November 15, 2023, is denied without prejudice. It is further
ORDERED that respondent's Motion for Continuance, filed September 27, 2023, is granted, and this case is continued generally.