Opinion
12990-22
03-07-2023
MICHAEL A. BURKE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth A. Copeland Judge.
This case is calendared for trial at the Trial Session of the Court scheduled to commence on April 17, 2023, in Cleveland, Ohio.
On February 16, 2023, petitioner filed with the Court a Motion for Partial Summary Judgment, which was not signed by petitioner's counsel. This Court's Rules of Practice and Procedure require counsel's signature on such motions. Petitioner concurrently therewith filed (1) a Statement of Michael A. Burke Made Under Penalty of Perjury, (2) Exhibits # 1-15 for Unsworn Declaration of Michael A. Burke Under Penalty of Perjury in Support of Motion for Partial Summary Judgment, and (3) Exhibits # 16-23 for Unsworn Declaration of Michael A. Burke Under Penalty of Perjury in Support of Motion for Partial Summary Judgment. On February 23, 2023, petitioner's counsel filed with the Court a signed First Amendment to Motion for Partial Summary Judgment thereby ratifying the unsigned original motion for partial summary judgment.
Upon due consideration, and for cause, it is
ORDERED that, on or before April 5, 2023, respondent shall file with the Court a response to petitioner's Motion for Partial Summary Judgment, filed on February 16, 2023, as ratified and amended on February 23, 2023.