Opinion
2904-22
02-09-2023
ORDER OF DISMISSAL AND DECISION
Cary Douglas Pugh, Judge
On January 13, 2023, respondent filed a Motion to Dismiss for Failure to Properly Prosecute. On January 20, 2023, the Court ordered petitioner to respond in writing to respondent's motion to dismiss by February 6, 2023. To date, there has been no response from petitioner.
This case was called from the calendar of the Court's San Francisco, California trial session on February 6, 2023. There was no appearance by or on behalf of the petitioner. Counsel for respondent appeared and was heard. Upon due consideration and for cause more fully appearing in the transcript of the proceeding, it is
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute, filed on January 13, 2023, is granted and this case is dismissed for lack of prosecution. It is further
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioner for tax year 2019 in the amount of $5,572.00 and a penalty under I.R.C. §6662 in the amount of $857.00.