Opinion
8118-21
06-01-2022
DEIRDRE L. MCWALTER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
David Gustafson Judge
This case was set for trial at the Court's Boston trial session beginning June 6, 2022. However, on May 16, 2022, the Commissioner submitted a status report (Doc. 8) that stated that "[t]he parties have reached a basis for settlement in this case" but that petitioner Deirdre L. McWalter "does not wish to sign a decision document reflecting the parties' settlement. Rather, petitioner would like respondent's counsel to file an unopposed motion to dismiss for failure to properly prosecute". On May 24, 2022, we issued an order (Doc. 10) requiring Ms. McWalter to "file a response to the Commissioner's motion to dismiss. If we receive no response, then we expect to grant the motion and to enter the decision that the Commissioner proposes. If Ms. McWalter is unsure how to proceed, then she may initiate a telephone conference with the Court and her opponent by placing a call to the chambers of the judge signing this order at 202-521-0850." We ordered Ms. McWalter to make that filing by May 31, 2022. That order remains pending. Ms. McWalter has not registered for e-filing, so any response she mails by that date may take several days to arrive at Court. Meanwhile, it has become likely that we must postpone the upcoming trial session because of the currently high coronavirus transmission rate in Boston. It is therefore
ORDERED that this case is continued from the Boston session beginning June 6, 2022; so that this case will not be called at that session, and the parties need not appear; but that the judge signing this order retains jurisdiction over this case. On the assumption that Ms. McWalter's response will arrive at Court in due course, it is
ORDERED that, no later than June 17, 2022, the Commissioner shall file a reply to Ms. Walter's response to his motion to dismiss (or, if she has filed no response, then a status report so stating).