Opinion
18923-21 33735-21
02-12-2024
JOSEPH AARON MCCARTHY & TRINA MARIE PLANTZ, ET AL., Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth Crewson Paris, Judge
These cases are calendared for trial at the Court's February 21, 2024, Mobile, Alabama Trial Session.
On January 31, 2024, petitioners filed a document that the Court has titled Status Report at Docket No.18923-21, docket entry 35; and at Docket No. 33735-21, docket entry 31; and petitioners filed a document that the Court has titled Motion for Continuance at Docket No. 18923-21, docket entry 36, and at Docket No. 33735-21, docket entry 32.
By Order dated February 8, 2024, the Court directed respondent, on or before February 13, 2024, to file a response to petitioners' Motion for Continuance, filed January 31, 2024, at Docket No. 18923-21, docket entry 36, and at Docket No. 33735-21, docket entry 32.
On February 9, 2024, respondent filed a Response to Motion for Continuance, at Docket No. 18923-21, docket entry 38; and at Docket No. 33735-21, docket entry 34. Respondent's response indicates that respondent does not oppose the continuance of these cases from the Court's February 21, 2024, Mobile, Alabama, Trial Session and requests that the Court allow respondent to file a proposed Scheduling Order for these cases, including a proposed trial date, to be held virtually, if agreed to by the petitioners and that the Court order status reports. Petitioners informally communicated to the Court that, if a trial were to be held, that a virtual trial would be fine.
After due consideration, and for good cause, it is
ORDERED that jurisdiction of these cases is retained by this Division of the Court. It is further
ORDERED that the Motion for Continuance, filed January 31, 2024, at Docket No. 18923-21, docket entry 36, and at Docket No. 33735-21, docket entry 32, is granted, in that these cases are stricken for trial from the February 21, 2024, Mobile, Alabama Trial Session of the Court, and these cases are continued. It is further
ORDERED that, on or before April 22, 2024, the parties shall file a Joint Status Report (or, if that is not possible, then separate reports) with the Court as to the then-present status of these cases, to include a proposed Scheduling Order for these cases, and a proposed virtual trial date. It is further
The Court encourages all litigants to register for electronic access (eAccess) so that they may electronically file and view documents in their Tax Court cases. If you currently file in paper and/or receive paper service from the Court, you are encouraged to register for eAccess by emailing dawson.support@ustaxcourt.gov.
If you are not currently registered for eAccess, please do not attempt to electronically file documents through Dawson in a pending case without first contacting Dawson Support at the just-referenced email address.
Petitioners are reminded that the Taxpayer Clinic information has been previously included in the Notices of Trial.