Dorn v. Department of Revenue

IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax DANAE DORN and JESSE DORN, ) ) Plaintiffs, ) TC-MD 130488N ) v. ) ) DEPARTMENT OF REVENUE, ) State of Oregon, ) ) Defendant. ) FINAL DECISION OF DISMISSAL This matter is before the court on its own motion to dismiss this case for lack of prosecution.

A trial was scheduled at 9:00 a.m. on February 5, 2014, to consider Plaintiffs’ appeal. On November 25, 2013, the court sent notice of the scheduled trial to Plaintiffs at the email address Plaintiffs provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiffs did not appear, the court might dismiss the appeal. Plaintiffs failed to appear for trial on February 5, 2014. Under such circumstances, the court finds this appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that the Complaint is dismissed.

Dated this day of February 2014.

ALLISON R. BOOMER MAGISTRATE If you want to appeal this Final Decision of Dismissal, 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. ///

FINAL DECISION OF DISMISSAL TC-MD 130488N 1 Your Complaint must be submitted within 60 days after the date of the Final Decision of Dismissal or this Final Decision of Dismissal cannot be changed.

This document was signed by Magistrate Allison R. Boomer on February 5, 2014. The Court filed and entered this document on February 5, 2014.

FINAL DECISION OF DISMISSAL TC-MD 130488N 2