Cahill v Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Small Claims Income Tax CLIFFORD D. CAHILL and CORBY L. CAHILL, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) ) TC-MD 050876A DECISION and JUDGMENT OF DISMISSAL This matter is before the court on its own motion to dismiss for want of prosecution. On November 28, 2005, the court was contacted by Corby Cahill, who stated that Plaintiffs wished to withdraw their appeal. As a result, the court cancelled the case management conference set for the following day. The court requested that Plaintiffs send in a document confirming the oral statement made by Ms. Cahill. The court did not subsequently receive any filing from Plaintiffs. On December 15, 2005, the court called the telephone number furnished by Plaintiffs and again, spoke with Ms. Cahill. The court repeated its request that it receive written confirmation from Plaintiffs directly stating their desire to withdraw the appeal. The court has not received the statement it requested. Rather then continue further along these lines, the court concludes the appeal should be dismissed. Now, therefore, /// /// /// /// DECISION and JUDGMENT OF DISMISSAL TC-MD 050876A 1 IT IS ADJUDGED that the Complaint is dismissed. Dated this _____ day of January 2006. ________________________________ SCOT A. SIDERAS MAGISTRATE This document is final and may not be appealed. ORS 305.514. This document was signed by Magistrate Scot A. Sideras on January 18, 2006 . The Court filed this document on January 18, 2006. DECISION and JUDGMENT OF DISMISSAL TC-MD 050876A 2

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