Opinion
18112-22
09-25-2023
JASON C. BURTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro Judge
This case is currently calendared for trial during the Court's October 10, 2023, San Francisco, California, trial session. On September 15, 2023, respondent filed a Motion to Dismiss for Lack of Jurisdiction as to Taxable Years 2017, 2018, and 2020 on the grounds that no Statutory Notice of Deficiency has been issued to petitioner with respect to the taxable years 2017, 2018, and 2020, nor has respondent made any other determination with respect to petitioner's taxable years 2017, 2018, and 2020 that would confer jurisdiction on this Court.
Upon due consideration, it is hereby
ORDERED that, immediately upon receiving this Order, but no later than October 2, 2023, petitioner shall telephone Karen Jones, Chambers Administrator of the undersigned judge, at (202) 521-0760, for the purpose of scheduling a prompt pretrial telephone conference. It is further
ORDERED that, on or before October 5, 2023, petitioner shall serve on respondent, and file with the Court, a response to respondent's Motion to Dismiss for Lack of Jurisdiction as to Taxable Years 2017, 2018, and 2020. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction as to Taxable Years 2017, 2018, and 2020 is set for hearing at the Court's San Francisco, California, trial session scheduled to commence on October 10, 2023, at 10:00 a.m. in Room 2-1408, Burton Federal Building & U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, California, 94102.
Petitioner is advised that failure to comply with the terms of this Order or failure to appear at the hearing on October 10, 2023, may result in the Court granting respondent's Motion.