Opinion
12131-20
01-11-2023
NIKIA LEIGH DEWITTE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER TO SHOW CAUSE
Patrick J. Urda Judge
On December 5, 2022, the Commissioner filed a motion to dismiss for lack of prosecution, and the Court subsequently directed petitioner Nikia Leigh Dewitte to file a response to the motion by December 23, 2022. Ms. Dewitte did not file a response.
This case was called and recalled from the calendar at the Court's Atlanta, Georgia trial session on January 9, and January 10, 2023, respectively. Counsel for respondent appeared and was heard. There was no appearance by or on behalf of Ms. Dewitte. The Court attempted to call Ms. Dewitte and left a voicemail message.
Since there has been no response filed by Ms. Dewitte, we will give her another chance to show cause in writing as to why we should not dismiss her case for lack of prosecution. Upon due consideration and for cause more fully appearing in the transcripts of the proceeding, it is
ORDERED that, on or before February 9, 2023, Ms. Dewitte shall show cause in writing as to why the Court should not grant the Commissioner's motion to dismiss for lack of prosecution. Should Ms. Dewitte fail to file a response, the Court is likely to grant the Commissioner's motion to dismiss for lack of prosecution and enter a decision in the amounts set forth therein.