Opinion
4045-21
01-14-2022
Tad Wayne Henry Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
Joseph Robert Goeke, Judge
On January 10, 2022, respondent filed a Motion to Dismiss for Lack of Prosecution in which respondent moves the Court to enter a decision with respect to petitioner in the amounts and for the year set forth therein. Respondent advises in the motion that petitioner died after the filing of the petition in this case and that they are unaware if a fiduciary is currently authorized to act on behalf of petitioner. The motion sets forth the names and addresses of potential relatives of petitioner. The premises considered, it is
ORDERED that jurisdiction is retained by the undersigned. It is further
ORDERED that this case is stricken for trial from the January 31, 2022, Seattle, Washington Trial Session and is continued. It is further
ORDERED that the caption of this case is amended to read "Tad Wayne Henry, Deceased, Petitioner v. Commissioner of Internal Revenue, Respondent." It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution is taken under advisement. It is further
ORDERED that the Clerk of the Court shall, in addition to the usual service upon the parties, make service of copies of this Order and respondent's Motion to Dismiss for Lack of Prosecution upon each of the relatives as set forth at page 2 in paragraph 3 of respondent's motion. It is further
ORDERED that the heirs at law of petitioner are directed on or before February 11, 2022, to file with the Court a letter indicating if they would like to intervene in this case.