Opinion
23069-16
06-01-2023
KEVIN JOHN WITASICK, SR. & WHITNEY S. WITASICK, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber, Judge
This case is calendared for trial during the Court's June 12, 2023, remote trial session. The Petition in this case was filed in October 2016 and the case has been continued numerous times. Several prior continuances were granted because petitioners severed ties with lawyers who previously represented them.
On May 12, 2023, petitioners filed a Motion for Continuance, representing that they have identified another lawyer who has agreed to represent them, on the condition that he be allowed adequate time to prepare for trial. On May 30, 2023, respondent filed a Response in which he objects to the requested continuance because, in his view, petitioners filed their Motion in an effort to delay the disposition of this case, which is now seven years old. Nevertheless, respondent indicates that he will withdraw his objection to the Motion if petitioners' prospective counsel enters an appearance by June 7, 2023.
We share respondent's concern that petitioners' main goal in seeking another continuance is delay. We will deny the Motion at this time, but allow petitioners to renew their Motion if the attorney referenced therein enters an appearance in this case by June 7, 2023.
Upon due consideration, it is
ORDERED that petitioners' Motion for Continuance, filed May 12, 2023, is denied at this time.