Mendoza v. Comm'r of Internal Revenue, 36565-21

CourtUnited States Tax Court
Writing for the CourtEmin Toro Judge
PartiesJUAN MENDOZA & MIREYA DAVIDSON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket Number36565-21
Decision Date21 November 2022

JUAN MENDOZA & MIREYA DAVIDSON, Petitioners
v.

COMMISSIONER OF INTERNAL REVENUE, Respondent

No. 36565-21

United States Tax Court

November 21, 2022


ORDER

Emin Toro Judge

This case is currently calendared for trial during the Court's December 5, 2022, New York, New York, trial session. The case is also scheduled for an informal conference call with the Court on November 22, 2022.

On November 14, 2022, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 10). In the motion, respondent moves the Court to dismiss the case and find in its order that there is a deficiency in income tax and penalties due from petitioners as follows:

Year

Deficiency

Penalty I.R.C. § 6662(a)

2018

$386,262.00

$77,252.40

2019

141,822.00

28,209.60

Upon due consideration, it is hereby

ORDERED that, on or before December 1, 2022, petitioners shall serve on respondent, and file with the Court, a response to respondent's Motion to Dismiss for Failure to Properly Prosecute. It is further

ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is set for hearing at the Court's New York, New York, trial session scheduled to commence on December 5, 2022, at 10:00 a.m. in Room 206, 2nd floor, Jacob K. Javits Federal Building, 26 Federal Plaza, New York, New York, 10278.

1

Petitioners are advised that failure to comply with the terms of this Order or failure to appear at the hearing on December 5, 2022, may result in the Court granting respondent's motion and entering an order and decision against petitioners.

2

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