Opinion
35849-21
05-18-2023
SAMMIE BENSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro Judge
This case is currently calendared for trial during the Court's June 5, 2023, Memphis, Tennessee, trial session. On May 15, 2023, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 10). In the Motion, respondent moves the Court to dismiss the case and find in its order that there is a deficiency in income tax, an addition to tax, and a penalty for the taxable year 2017, as set forth in the statutory notice dated August 31, 2021, due from petitioner.
Upon due consideration, it is hereby
ORDERED that, on or before May 31, 2023, petitioner shall serve on respondent, and file with the Court, a response to respondent's Motion to Dismiss for Failure to Properly Prosecute. It is further
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is set for hearing at the Court's Memphis, Tennessee, trial session scheduled to commence on June 5, 2023, at 10:00 a.m. in Room 1006, Federal Building, 167 N. Main Street, Memphis, Tennessee, 38103.
Petitioner is advised that failure to comply with the terms of this Order or failure to appear at the hearing on June 5, 2023, may result in the Court granting respondent's Motion and entering an order and decision against petitioner.