McPartlin v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax JOHN J. McPARTLIN, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 050164B DECISION OF DISMISSAL This matter is before the court on Defendant s motion to dismiss this case for want of prosecution, filed by letter dated May 4, 2006. This appeal was filed March 14, 2005, concerning certain personal income tax matters for the 2001 tax year. Plaintiff s request for waiver of the filing fee1 is granted. In a motion filed August 10, 2005, Plaintiff explained his difficulties in providing information. Defendant agreed to review any documentation submitted in a timely fashion. The court issued an Order Granting Extension of Time on September 26, 2005. That Order set March 1, 2006, as the date for Plaintiff to provide all his evidence to Defendant. Defendant was then to review and make appropriate recommendations to the court. Those dates have passed, and Plaintiff has not submitted either the information or a written request for /// /// /// /// /// 1 Submitted March 14, 2005. DECISION OF DISMISSAL TC-MD 050164B 1 another extension of time. As a consequence, the court finds this matter should be dismissed for want of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter be dismissed. Dated this _____ of June 2006. ________________________________ JEFFREY S. MATTSON MAGISTRATE If you want to appeal this Decision, file a Complaint in the Regular Division of the Oregon Tax Court, by mailing to: 1163 State Street, Salem, OR 97301-2563; or by hand delivery to: Fourth Floor, 1241 State Street, Salem, OR. Your Complaint must be submitted within 60 days after the date of the Decision or this Decision becomes final and cannot be changed. This document was signed by Magistrate Jeffrey S. Mattson on June 16, 2006 . The Court filed and entered this document on June 16, 2006. DECISION OF DISMISSAL TC-MD 050164B 2

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