Opinion
2652-23S
01-26-2024
ROBERT D. MCLEOD & ADA MCLEOD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Adam B. Landy Special Trial Judge
This case is presently calendared for trial at the Court's February 5, 2024, New York, New York, trial session.
On January 12, 2024, the Commissioner filed a Motion to Dismiss for Lack of Prosecution. In the Commissioner's Motion, he stated that petitioners have been nonresponsive to his communication attempts to resolve this case. On January 26, 2024, the Court held a telephone conference with the parties to discuss the case and pending motion. During the call, Mr. McLeod stated that he now agreed with the proposed deficiency and penalty, and he did not wish to further pursue this case.
Upon due consideration of the Commissioner's Motion, the Court's conference call with the parties on January 26, 2024, and for cause, it is
ORDERED that the Commissioner's Motion to Dismiss for Lack of Prosecution, filed January 12, 2024, is taken under advisement. It is further
ORDERED that this case is stricken from the above-referenced trial session, and the parties are excused from appearing at the calendar call on February 5, 2024. It is further
ORDERED that the undersigned retains jurisdiction of this case. It is further
ORDERED that, on or before April 5, 2024, the parties shall file a proposed stipulated decision or status report (preferably a joint report) to inform the Court of the then-present status of this case.