Morris v. DOR

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IN THE MAGISTRATE DIVISION OF THE OREGON TAX COURT Small Claims Income Tax AMBER H. MORRIS, Plaintiff, v. DEPARTMENT OF REVENUE, STATE OF OREGON, Defendant. ) ) ) ) ) ) ) ) ) ) No. 000081F DECISION AND JUDGMENT OF DISMISSAL Plaintiff filed an appeal as to personal income tax assessments for the 1992 and 1993 tax years. A case management conference was scheduled on March 27, 2000, to consider her appeal. Notice of the case management conference was sent to plaintiff at her last known address. It was not returned as undeliverable. Plaintiff did not appear at the case management conference. There was no explanation for this failure to appear. On April 5, 2000, the court sent Amber Morris a letter. It was not returned as undeliverable. This letter explained the importance of diligently pursuing an appeal. It warned that dismissal would be the consequence of continued inaction. On April 14, 2000, the court sent Ms. Morris a second letter. It was not returned as undeliverable. That letter responded to an unsigned fax requesting an extension of time. That letter stated that any requests for an extension must be signed by Ms. Morris. There has been no subsequent contact from Ms. Morris with the court. DECISION AND JUDGMENT OF DISMISSAL 1 Under such circumstances the appeal must be dismissed for want of prosecution. Now, therefore, IT IS HEREBY ADJUDGED AND DECREED that the Complaint is dismissed. Dated this ____ day of May, 2000. ______________________________ SALLY L. KIMSEY MAGISTRATE THIS DOCUMENT WAS SIGNED BY MAGISTRATE SALLY L. KIMSEY ON MAY 30, 2000. THE COURT FILED THIS DOCUMENT ON MAY 30, 2000. DECISION AND JUDGMENT OF DISMISSAL 2

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