Opinion
5048-19
11-16-2023
JOE FLOYD, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Patrick J. Urda, Judge
This case was stricken from the Court's February 28, 2022, Nashville, Tennessee trial session and jurisdiction was retained by the undersigned.
On November 9, 2023, the Commissioner filed a motion to dismiss for lack of prosecution and a declaration of Nancy Llewellyn in support of the motion. In his motion, the Commissioner requests that this Court dismiss this case for lack of prosecution and find that there are deficiencies, additions to tax and a penalty for tax years 2014, 2015 and 2016 in the amounts as set forth therein. Since petitioner Joe Floyd's views are unknown, the Court will direct Mr. Floyd to file a response to the Commissioner's motion. Upon due consideration, it is
ORDERED that, on or before December 13, 2023, Mr. Floyd shall file a response to the Commissioner's motion to dismiss for lack of prosecution. Mr. Floyd is advised that if he fails to respond, the Court may dismiss his case and enter a decision against him for the deficiencies, additions to tax, and penalties set forth in the Commissioner's motion. It is further
ORDERED that, in addition to regular service, the Clerk of the Court shall serve a copy of this Order on petitioner at the Lake Marie Road address and Rising Pvt Lane address provided on the certificate of service attached to the motion to dismiss for lack of prosecution.