Opinion
24721-22
04-03-2024
NICHOLAS ANDREW YAKO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER TO SHOW CAUSE
Patrick J. Urda, Judge
Pending before the Court is the Commissioner's motion to dismiss for lack of prosecution filed March 4, 2024. The Court directed petitioner Nicholas Yako to file a response to motion by March 15, 2024, or appear for a Court hearing on March 25, 2024, in Boston, Massachusetts. Mr. Yako did not file a response to our Order.
This case was called from the calendar of the Court's Boston, Massachusetts, trial session, on March 25, 2024. There was no appearance by or on behalf of Mr. Yako. Counsel for the Commissioner appeared and was heard. Subsequently, the case was recalled on March 26, 2024.
Upon due consideration and for cause more fully appearing in the transcripts of the proceedings, it is
ORDERED that the Commissioner's motion to dismiss for failure to properly prosecute, filed March 4, 2024, is taken under advisement. It is further
ORDERED that, on or before April 25, 2024, Mr. Yako shall show cause in writing as to why the Commissioner's motion to dismiss for lack of prosecution should not be granted, and a decision entered in this case. Mr. Yako is advised that failure to respond may result in the granting of the Commissioner's pending motion and a decision being entered for the amount set forth therein.