Opinion
9776-22
03-30-2023
ANDREW T. POE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Cary Douglas Pugh, Judge
This case was continued from the Court's January 9, 2023, Denver, Colorado trial session, and jurisdiction was retained by this Division of the Court. As directed by the Court, respondent timely filed a Status Report advising the Court that petitioner's counsel had not provided the requested documents and that respondent's counsel believed there is a "fundamental disconnect between the parties". Petitioner did not file a status report as directed.
On February 17, 2023, we directed the parties to file further reports by March 20, 2023, and directed petitioner to address specifically what progress has been made in developing this case for trial or resolution. We advised petitioner that if he did not attempt to provide respondent the requested documents, he would have to demonstrate why his failure to produce those documents should not give rise to a negative inference.
On March 20, 2023, respondent filed a Status Report advising at there had been "little change" and that "no documentation has been provided regarding petitioner's claims in this case". Respondent further stated that respondent's counsel plans to schedule an in-person interview with petitioner in May. To date, petitioner has not filed a status report as directed. Upon due consideration and for cause, it is hereby
ORDERED that, on or before April 27, 2023, petitioner shall file a response to respondent's March 20, 2023, Status Report. It is further
ORDERED that the above-referenced interview shall take place at a reasonable and mutually agreed upon date and time, but no later than May 30, 2023. It is further
ORDERED that, on or before June 20, 2023, the parties shall file further status reports regarding the then-present status of this case.