Opinion
4952-23S
01-05-2024
TODD E. BURGER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER TO SHOW CAUSE
Tamara W. Ashford Judge
This case is currently calendared for trial at the Tallahassee, Florida Session of the Court commencing on January 29, 2024; the trial session is to be conducted in Tampa, Florida. On January 5, 2024, respondent's counsel filed a Motion to Dismiss for Lack of Prosecution. Therein, respondent's counsel states that after the Court served the Notice Setting Case for Trial on the parties, the Internal Revenue Service Independent Office of Appeals (Appeals) attempted to contact petitioner by phone on multiple occasions; he was unresponsive to Appeals. Respondent's counsel further states that on December 12, 2023, he attempted to contact petitioner, but petitioner did not answer the phone and he was unable to leave a voicemail because petitioner does not have his voicemail set up; accordingly, petitioner's views regarding the granting of the motion are unknown. It would be helpful for the Court to hear from petitioner regarding the motion and the status of this case. Upon due consideration, it is hereby
ORDERED that petitioner shall contact the chambers of the undersigned Judge at (202) 521-0822 as soon as possible for the purpose of scheduling a conference call to discuss the Motion to Dismiss for Lack of Prosecution, filed January 5, 2024, and the status of this case. It is further
ORDERED that petitioner shall show cause in writing, on or before January 19, 2024, why this case should not be dismissed for lack of prosecution.