Board of Tax Appeals, No. 2004r-R-266. This cause is pending before the court as an appeal from the Board of Tax Appeals. It appears from the records of this court that appellant has not filed a merit brief, due February 8, 2005, in compliance with the Rules of Practice of the Supreme Court and *1435therefore has failed to prosecute this cause with the requisite diligence. Upon consideration thereof,

IT IS ORDERED by the court that this cause be, and hereby is, dismissed sua sponte.