Opinion
11701-21S
01-25-2022
ORDER TO SHOW CAUSE
Adam B. Landy Special Trial Judge.
On January 19, 2022, respondent filed a Motion to Dismiss for Lack of Prosecution with the Court. In respondent's motion, he states that (1) petitioner died after the filing of the petition in this case, (2) no representative or fiduciary is authorized to act on behalf of petitioner's estate, (3) no estate has been or will be probated on petitioner's behalf and (4) at present, the only ascertainable heirs-at-law are Gregory James Komperda and Gary J. Komperda. Respondent states surviving issue, Gregory James Komperda, does not object to the granting of the motion.
Premises considered, it is
ORDERED that the caption of this case is amended to read "Catherine Rena Komperda, Deceased, Petitioner v. Commissioner of Internal Revenue, Respondent." It is further
ORDERED that petitioner's heirs-at-law, Gregory James Komperda or Gary J. Komperda, shall show cause in writing, on or before February 28, 2022, why respondent's Motion to Dismiss for Lack of Prosecution should not be granted and a Decision entered in accordance with that motion. Messrs. Komperda are advised that should they fail to respond to this order to show cause, the Court may grant respondent's aforementioned motion. It is further
ORDERED that, in addition to regular service on the parties, the Clerk of the Court shall serve this Order on Gregory James Komperda and Gary J. Komperda at the addresses listed in paragraph seven of respondent's Motion to Dismiss for Lack of Prosecution.