Opinion
5044-22
04-14-2023
JENNY FAULKNER & ROBERT FAULKNER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth Crewson Paris Judge
This case is calendared for trial at the Court's April 17, 2023, Dallas, Texas Trial Session.
On March 23, 2023, respondent filed with the Court: (1) a First Amendment to Answer; (2) a Motion to Dismiss for Lack of Jurisdiction as to 2018; (3) a Motion to Dismiss for Failure to Properly Prosecute; and (4) a Status Report, at docket entries 10 through 13 respectively.
By Order dated March 31, 2023, docket entry 14, the Court set both respondent's Motion to Dismiss for Lack of Jurisdiction as to 2018 and Motion to Dismiss for Failure to Properly Prosecute for Hearing at the April 17, 2023, Dallas, Texas Trial Session of the Court.
On April 14, 2023, the Court held a telephonic conference with respondent's counsel and petitioner Mrs. Faulkner concerning the status of this case. The parties discussed the need for petitioners to submit substantiating documents to respondent's counsel to move the case forward toward settlement. Additionally, the Court provided Mrs. Faulkner with Low Income Tax Clinic information. To allow the parties time to work together, the Court will continue this case and retain jurisdiction.
After due consideration, and for good cause, it is
ORDERED that jurisdiction of this case is retained by this Division of the Court until further notice. It is further
ORDERED that this case is stricken for trial from the April 17, 2023, Dallas, Texas Trial Session, and this case is continued. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction as to 2018, and Motion to Dismiss for Failure to Properly Prosecute, filed March 31, 2023, at docket entries 11 and 12 are taken under advisement. It is further
ORDERED that, on or before May 15, 2023, the parties shall submit decision documents or file a Joint Status Report with the Court as to the then-present status of this case.