Opinion
1892-22
01-11-2024
MARK R. SCHEELER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth A. Copeland Judge
This case was called and recalled on April 17, 2023, at the Trial Session of the Court in Cleveland, Ohio. Petitioner appeared and was heard. Counsel for respondent appeared and were heard. During calendar recall, the parties orally moved for a continuance. The Court granted the parties' continuance, and retained jurisdiction of this case.
Prior to the trial session, on March 27, 2023, respondent filed with the Court a Motion to Dismiss for Lack of Prosecution. On April 14, 2023, respondent filed with the Court a First Supplement to Motion to Dismiss for Lack of Prosecution. Since the date of the trial session, the parties have been communicating and have agreed to a basis for settling this case; computations have been ordered and proposed decision documents should be forthcoming.
Upon due consideration, and for cause, it is
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution filed March 27, 2023, and as supplemented by respondent's First Supplement to Motion to Dismiss for Lack of Prosecution, filed on April 14, 2023, is denied as moot.