Opinion
13638-21
04-12-2022
DAVID DUDEK & SYDNEY DUDEK, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Joseph W. Nega Judge
This case is calendared for trial at the session of the Court scheduled to commence on May 2, 2022, in San Diego, California.
On April 6, 2022, the parties filed a Motion for Continuance. Additionally, on April 6, 2022, the parties filed a Motion for Leave to File Out of Time Motion for Continuance and lodged a Motion for Continuance.
Pursuant to Rule 133, Tax Court Rules of Practice and Procedure, any motion for continuance filed must be done so prior to 30 days or less prior to the calendar call of any scheduled trial session of the Court. The parties' Motion for Continuance filed April 6, 2022, was filed within the 30 days of the commencement of the Court's San Diego, California, session. Accordingly, the Court will strike the parties' Motion for Continuance.
Upon due consideration, it is
ORDERED that the parties' Motion for Continuance filed April 6, 2022, at Docket Index No. 9, is hereby stricken from the record. It is further
ORDERED that parties' Motion for Leave to File Out of Time Motion for Continuance filed April 6, 2022, is granted and the Motion for Continuance lodged April 6, 2022, is filed as of the date of service of this Order. It is further
ORDERED that the parties' Motion for Continuance filed as of the date of service of this Order is granted and this case is stricken from the Court's May 2, 2022, San Diego, California, trial session and is continued generally.