Opinion
7309-22
06-23-2023
JUAN CARLOS MARTINEZ, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER TO SHOW CAUSE
COURTNEY D. JONES JUDGE
Respondent filed a Status Report on April 3, 2023 (Doc. 9) reporting that the parties reached a tentative settlement. Subsequently, this case was stricken from the April 24, 2023, trial calendar of the Court in New York City, New York. Jurisdiction is retained by the undersigned. The parties were directed to file a proposed stipulated decision by June 23, 2023. On June 22, respondent filed a Motion to Dismiss for Lack of Prosecution (Doc. 11). In the motion, respondent requests that the Court dismiss this case upon the ground that attempts to communicate with petitioner since March 23 have been unsuccessful. Further, respondent requests that the Court enter a decision for zero deficiency. Upon due consideration, it is
ORDERED that, on or before July 18, 2023, petitioner shall show cause in writing why respondent's Motion to Dismiss for Lack of Prosecution should not be granted and a decision entered in this case. Failure to respond to this order will likely result in the granting of respondent's motion and entry of a zero-deficiency decision as set forth at Exhibit A to respondent's Motion.