Opinion
12031-20L
09-29-2021
Marvin L. Delossantos & Jennifer A. Delossantos Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
David Gustafson Judge
This case is scheduled for trial at the Tax Court's Columbia, SC, session (to be conducted remotely via Zoomgov.com) beginning October 4, 2021. Pending is the Commissioner's motion (Doc. 10) to dismiss the case for petitioners' failure to properly prosecute the case. That motion was set for hearing at the calendar call on October 4, 2021. (See Doc. 12.) However, petitioners have filed a motion (Doc. 13) for a continuance, alleging unspecified medical issues. Despite the lack of detail to justify the continuance, the Commissioner has stated (in response to a telephone inquiry by chambers staff) that he does not object to the continuance. It is therefore
ORDERED that the motion is granted, that this case is continued, and that this case is stricken from the calendar of, and will not be called at, the Court's session beginning October 4, 2021. However, it is further
ORDERED that the undersigned judge retains jurisdiction over this case, and it is further
ORDERED that the motion to dismiss for failure to prosecute remains pending. It is further
ORDERED that, no later than November 29, 2021, and every 60 days thereafter, the parties shall file a joint status report (or, if that is not expedient, then separate reports) that shall include their recommendations as to further proceedings to bring this case to a prompt conclusion.
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