Opinion
15378-22 15379-22.
04-29-2024
ISAAC NEUMAN & KAILA NEUMAN, ET AL.,Petitioners v. COMMISSIONER OF INTERNAL REVENUE,Respondent
ORDER
Courtney D. Jones, Judge.
This case is on the calendar of the Court's May 20, 2024, trial session in New York City, New York. On April 26, 2024, respondent filed a Motion to Dismiss for Lack of Prosecution. Respondent advised that petitioners object to the Motion to Dismiss for Lack of Prosecution.
Also, on April 26, 2024, petitioners filed a Motion for Continuance. In the Motion for Continuance petitioners' request that this case be stricken from trial, jurisdiction retained by the undersigned, and status reports due every 30, 60, or 90 days. Petitioners advised that respondent objects to the Motion for Continuance.
The Court is concerned about the lack of progress in this case since it granted petitioners' Motion to Consolidate (and a continuance) nearly one year ago. The Court is not confident that progress will be made on this case should it grant petitioners' request. Further, the Motion for Continuance is untimely. See Tax Court Rule 133; Doc. 12, Standing Pretrial Order.
Upon due consideration, it is
ORDERED that petitioners' Motion for Continuance (Doc. 15) is denied. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution (Doc. 14), is set for a hearing at the calendar call of the aforementioned session of the Court, at 10:00 AM. Petitioner is advised that failure to appear at the hearing on May 20, 2024, may result in the Court granting respondent's motion and entering an order and decision.
This Order constitutes official notice to the parties.