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Cleveland v. Comm'r of Internal Revenue

United States Tax Court
Sep 27, 2021
No. 5849-20S (U.S.T.C. Sep. 27, 2021)

Opinion

5849-20S

09-27-2021

Daniel R. Cleveland, Petitioner v. Commissioner of Internal Revenue, Respondent


ORDER OF DISMISSAL AND DECISION

Christian N. Weiler Judge

On July 10, 2020, petitioner filed his petition with the Court and respondent filed his answer on August 3, 2020. On April 13, 2021 the Court issued its Notice of Trial, setting this case for trial at the Court's September 13, 2021 St. Louis, Missouri remote trial session. On August 16, 2021, respondent filed a Motion to Dismiss for Lack of Prosecution. On August 24, 2021 the Court and the parties held a conference call, to discuss the status of the case and respondent's motion to dismiss for lack of prosecution.

At the conclusion of the conference call, the Court set respondent's Motion to Dismiss for Lack of Prosecution for hearing at the Court's St. Louis trial session. At the St. Louis calendar trial session this case was called, and Lance R. Drury, counsel for petitioner, and Catherine S. Tyson, counsel respondent, appeared and were heard. Mr. Drury advised the Court that he had no opposition to respondent's Motion to Dismiss for Lack of Prosecution, since he has been unable to reach his client, despite repeated attempts to do so. At the conclusion of the hearing, the Court took respondent's Motion to Dismiss for Lack of Prosecution under advisement.

Upon due consideration of respondent's Motion to Dismiss for Lack of Prosecution, and the arguments of the parties made at the September 13, 2021 hearing, it is hereby

ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed on August 16, 2021, is granted and this case is dismissed for lack of prosecution as to the petitioner. It is further

ORDERED AND DECIDED that there are deficiencies in income tax and penalties/additions to tax, due from petitioner as follows:

Addition to Tax/Penalties I.R.C. Sections

Year

Deficiency

6651(a)(1)

6651(a)(2)

6654

2017

$8, 733.00

$1, 213.65

$701.22

$120.23


Summaries of

Cleveland v. Comm'r of Internal Revenue

United States Tax Court
Sep 27, 2021
No. 5849-20S (U.S.T.C. Sep. 27, 2021)
Case details for

Cleveland v. Comm'r of Internal Revenue

Case Details

Full title:Daniel R. Cleveland, Petitioner v. Commissioner of Internal Revenue…

Court:United States Tax Court

Date published: Sep 27, 2021

Citations

No. 5849-20S (U.S.T.C. Sep. 27, 2021)