Opinion
14831-21S
08-29-2022
WILLY SAINTVIL, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Ronald L. Buch, Judge
This case is calendared for trial at the Court's September 19, 2022, San Diego, California trial session. On August 25, 2022, the Commissioner filed a Motion to Dismiss for Lack of Prosecution. On August 26, 2022, the Court attempted to arrange a conference call with the parties to discuss the motion but was unable to contact Mr. Saintvil as the call could not be completed. Mr. Saintvil may contact the Court at 202-521-0810 to arrange a conference call.
If the Court grants the Commissioner's Motion to Dismiss for Lack of Prosecution, then this case will be dismissed. A dismissal is treated as a determination that the adjustments contained in the Commissioner's notice of deficiency are correct. I.R.C. § 7459(d). Before taking action on the Commissioner's motion, we will provide Mr. Saintvil an opportunity to appear at the scheduled trial session for this case. Accordingly, it is
ORDERED that the Commissioner's Motion to Dismiss for Lack of Prosecution filed August 25, 2022, is set for hearing at the call of the calendar at the trial session of the Court commencing September 19, 2022, at 10:00 a.m., Federal Building, 880 Front Street, Room 4228, San Diego, California, 92101-8828. Mr. Saintvil is cautioned that failure to appear may result in entry of decision for the Commissioner in the amount set forth in the notice of deficiency.
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