Opinion
12993-22
05-08-2023
BRYAN J. KALETA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro Judge.
This case is currently calendared for trial during the Court's May 22, 2023, Chicago, Illinois, trial session. On May 1, 2023, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 8) along with a Declaration of Aaron E. Cook in Support of Respondent's Motion to Dismiss for Failure to Properly Prosecute (Doc. 9). In the Motion, respondent moves the Court to dismiss the case and find in its order that there is a deficiency in tax and additions to tax, as set forth in the notice of deficiency dated February 22, 2022, due from petitioner. Respondent concedes the I.R.C. § 6654 addition to tax.
Upon due consideration, it is hereby
ORDERED that, immediately upon receiving this Order, but no later than May 11, 2023, petitioner shall telephone Karen Jones, Chambers Administrator of the undersigned judge, at (202) 521-0760, for the purpose of scheduling a prompt pretrial telephone conference. It is further
ORDERED that, on or before May 18, 2023, petitioner shall serve on respondent, and file with the Court, a response to respondent's Motion to Dismiss for Failure to Properly Prosecute. It is further
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is set for hearing at the Court's Chicago, Illinois, trial session, scheduled to commence on May 22, 2023, at 10:00 a.m. in Room 3908, Kluczynski Federal Building, 230 S. Dearborn Street, Chicago, Illinois, 60604.
Petitioner is advised that failure to comply with the terms of this Order or failure to appear at the hearing on May 22, 2023, may result in the Court granting respondent's Motion and entering an order and decision against petitioner.