Opinion
TC-MD 180077N
06-22-2018
KELLEY ALLENDER, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal, entered June 4, 2018. The court did not receive a statement of costs and disbursements within 14 days after its Decision of Dismissal was entered. SeeTax Court Rule-Magistrate Division (TCR-MD) 16 C(1).
ALLISON R. BOOMER MAGISTRATE, JUDGE.
This matter came before the court on its own motion to dismiss for lack of prosecution.
On March 8, 2018, Plaintiff filed her Complaint challenging Defendant's Notice of Assessment for tax year 2014, stating that the assessment was in error because "my identity including social security [number] [and] bank info was stolen [and ] these taxes are a result." Plaintiff further stated that the "IRS has also assigned an investigator to my case."
On April 30, 2018, the court issued a Journal Entry memorializing Plaintiff's agreement made during the case management conference to provide the court and Defendant a copy of a document identifying the status of the IRS review of her 2014 income tax liability by May 4, 2018.
On May 11, 2018, after Plaintiff's failure to provide such a document, the court issued an Order, instructing Plaintiff to provide the document within 14 days. Plaintiff's deadline has passed, and the court has not received further communication from Plaintiff. Under such circumstances, the court finds the appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiff's appeal is dismissed.