Opinion
26049-17
10-07-2021
Roy E. Tolliver, Jr Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
Alina I. Marshall Judge
This case is calendared for a remote trial at the session of the Court scheduled to commence on October 18, 2021, for cases in which Dallas, Texas, is the place of trial. On October 5, 2021, respondent filed a motion to dismiss for lack of prosecution. In that motion, respondent's counsel represents that "[r]espondent has conceded all issues in the notice of deficiency" and that "[t]here are no issues remaining for trial."
Upon due consideration of the foregoing, it is
ORDERED that, on or before October 25, 2021, petitioner shall file a response to respondent's motion to dismiss for lack of prosecution filed October 5, 2021. In that response, petitioner shall outline in detail (1) what issues, if any, remain for trial and (2) the evidence that he would present at trial to support his assertions with respect to any remaining issues. It is further
ORDERED that this case is stricken from Court's October 18, 2021, Dallas, Texas trial session and is continued. It is further
ORDERED that jurisdiction is retained by the undersigned.
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