Keil v. DOR

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IN THE MAGISTRATE DIVISION OF THE OREGON TAX COURT Income Tax RON KEIL, Plaintiff, v. DEPARTMENT OF REVENUE, STATE OF OREGON, Defendant. ) ) ) ) ) ) ) ) ) ) No. 001244C DECISION OF DISMISSAL A Complaint was filed in this case on December 26, 2000. The case management conference was scheduled to begin at 9:00 a.m. on February 21, 2001, to consider the appeal of Mr. Keil. At issue is a tax assessment for the 1995, 1996 and 1997 tax years. The Magistrate Division sent notice of the scheduled hearing to plaintiff in a letter dated January 19, 2001. The notice was sent to plaintiff's last known address. The letter was not returned as undeliverable. Plaintiff failed to appear for the case management conference. The court sent plaintiff a letter on February 21, 2001, requesting a response by March 23, 2001, as to why he was not present for the hearing. No response has been received to date. A case may be dismissed when the participant seeking relief fails to appear. For purposes of a telephone proceeding, a participant "appears" by being available at the telephone number provided to the court by that participant on the date and at the time prescribed. Accordingly, this appeal must be /// /// DECISION OF DISMISSAL 1 dismissed for lack of appearance. Now, therefore; IT IS THE DECISION OF THE COURT that the Complaint is dismissed. Dated this _____ day of April, 2001. __________________________ DAN ROBINSON MAGISTRATE IF YOU WANT TO APPEAL THIS DECISION, FILE A COMPLAINT IN THE REGULAR DIVISION OF THE OREGON TAX COURT, FOURTH FLOOR, 1241 STATE ST., SALEM, OR 97301-2563. YOUR COMPLAINT MUST BE SUBMITTED WITHIN 60 DAYS AFTER THE DATE OF THE DECISION OR THIS DECISION BECOMES FINAL AND CANNOT BE CHANGED. DECISION OF DISMISSAL 2

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