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Rios v. Comm'r of Internal Revenue

United States Tax Court
Jan 23, 2023
No. 16346-16 (U.S.T.C. Jan. 23, 2023)

Opinion

16346-16

01-23-2023

ARMANDO RIOS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL AND DECISION

Cary Douglas Pugh Judge

Petitioner commenced this case by filing a petition on July 22, 2016, seeking review of a notice of deficiency dated April 25, 2016, for tax year 2012. After multiple continuances this case was set for trial at the Court's May 2, 2022, San Francisco, California trial session. On March 18, 2022, respondent filed a Motion For Order To Show Cause Why Proposed Facts And Evidence Should Not Be Accepted As Established, and on March 24, 2022, we issued an Order to Show Cause for petitioner to respond by April 21, 2022. On April 1, 2022, respondent filed a Motion to Dismiss for Failure to Properly Prosecute, which we set for hearing.

This case was called from the calendar during the Court's San Francisco, California trial session, on May 2, 2022. Both parties appeared and were heard. This case was recalled the same morning. At recall, petitioner made an Oral Motion for Continuance. Counsel for respondent did not object. We granted petitioner's oral motion, asked for status reports, and advised the parties that respondent's Motion to Dismiss for Failure to Properly Prosecute and the Order to Show Cause were still pending.

As directed by the Court, respondent filed a Status Report on September 6, 2022, advising that petitioner had been unresponsive since June 28, 2022. On September 22, 2022, we issued an Order to Show Cause that petitioner shall show cause in writing by October 21, 2022, why we should not grant respondent's April 1, 2022, Motion to Dismiss for Failure to Properly Prosecute. On October 25, 2022, petitioner contacted the Court and informally requested an extension of time to respond to the second Order to Show Cause. We extended the time for petitioner to respond to November 28, 2022. To date we have not received a response from petitioner. Upon due consideration and for cause, it is hereby

ORDERED that the March 24, 2022, Order to Show Cause is discharged. It is further

ORDERED that the September 22, 2022, Order to Show Cause is made absolute. It is further

ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute, filed April 1, 2022, is granted, and this case is dismissed for failure to properly prosecute. It is further

ORDERED AND DECIDED that a deficiency in income tax in the amount of $941,513.00, is due from petitioner for taxable year 2012; an addition to tax under the provisions of I.R.C. § 6651(a)(1) in the amount of $211,840.43, is due from petitioner for the taxable year 2012; an addition to tax under the provisions of I.R.C. § 6651(a)(2) in the amount of $164,764.78, is due from petitioner for the taxable year 2012; and an addition to tax under the provisions of I.R.C. § 6654 in the amount of $1,363.82, is due from petitioner for the taxable year 2012, which amount is reduced from the amount determined in the notice of deficiency.


Summaries of

Rios v. Comm'r of Internal Revenue

United States Tax Court
Jan 23, 2023
No. 16346-16 (U.S.T.C. Jan. 23, 2023)
Case details for

Rios v. Comm'r of Internal Revenue

Case Details

Full title:ARMANDO RIOS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Court:United States Tax Court

Date published: Jan 23, 2023

Citations

No. 16346-16 (U.S.T.C. Jan. 23, 2023)