Opinion
31186-21S
02-09-2023
MARK I. DUBBELD & JANENE A. DUBBELD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER OF DISMISSAL AND DECISION
Joseph Robert Goeke Judge
Pending before the Court is respondent's Motion to Dismiss for Lack of Prosecution, filed January 17, 2023. By Order served January 17, 2023, the Court directed petitioners on or before February 1, 2023, to show cause in writing why respondent's Motion to Dismiss for Lack of Prosecution should not be granted and a decision entered in this case. Petitioners were advised that a failure to respond may result in the granting of respondent's pending motion and a decision being entered for the amounts set forth therein. As of the service date of this Order of Dismissal and Decision, no response to the Court's Order to Show Cause has been received by or on behalf of the petitioners.
This case was called from the calendar at the Trial Session of the Court in Tampa, Florida on February 6, 2023. There was no appearance by or on behalf of the petitioners. Counsel for respondent appeared and was heard on their above-referenced pending motion. Upon due consideration of the foregoing and for cause more fully appearing in the transcript of the proceedings, it is
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed January 17, 2023, is granted and this case is dismissed for lack of prosecution. It is further
ORDERED that the Court's Order to Show Cause, served January 17, 2023, is hereby made absolute. It is further
ORDERED and DECIDED that there is a deficiency in income tax due from petitioners for the taxable year 2019 in the amount of $3,837.00.