Opinion
6219-21
09-29-2022
THOMAS LEO KERSTIEN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
EMIN TORO JUDGE
On September 26, 2022, this case was called from the calendar for the Court's September 26, 2022, Denver, Colorado, trial session. Counsel for respondent appeared and was heard. There was no appearance by or on behalf of petitioner.
Before the calendar call, petitioner contacted Court personnel to indicate that he had agreed to the terms of a settlement offered by counsel for respondent and that he would not appear at the calendar call.
At the calendar call, counsel for respondent made an oral motion to have the case dismissed for lack of prosecution asking the Court to dismiss the case and find in its order that there is a deficiency in income tax due from petitioner in the amount of $45,798.00 and no penalty under section 6662. The Court denied the motion without prejudice.
The Court indicated that it would be preferable for the parties to file a stipulated decision reflecting their settlement. If, however, the parties are unable to file a stipulated decision within 30 days, the Court would entertain a renewed motion by respondent to dismiss for lack of prosecution. The Court also indicated that a call with the parties would be helpful to facilitate the prompt preparation of decision documents.
Upon due consideration, and for cause more fully appearing in the transcript of the proceeding, it is hereby
ORDERED that petitioner shall contact the Chambers of the undersigned judge at (202) 521-0760, no later than October 6, 2022, for the purpose of scheduling a conference call to discuss the current status of the case. It is further
ORDERED that, on or before October 26, 2022, the parties shall file with the Court either a joint status report (or, if that is not expedient, then separate reports) describing the status of this case or a stipulated decision document. It is further
ORDERED that jurisdiction of this case is retained by the undersigned judge.