Opinion
10767-22
12-20-2023
RAUL N. RIVERA, III, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler, Judge.
On October 24, 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. There was no appearance by or on behalf of the petitioner. Counsel for respondent appeared and was heard. 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 14, 2023, is denied without prejudice. It is further
ORDERED that the Court's Order to Show Cause, served on the petitioner on October 30, 2023, is made absolute. It is further
ORDERED that jurisdiction of this case is retained by the undersigned and is continued. It is further
ORDERED that, on or before February 9, 2024, the parties shall file with the Court a joint status report (or separate status reports, if preferred) on the then-present status of this case.