Antonov v. Dept. of Revenue

DECISION OF DISMISSAL TC-MD 160365R 1
IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Income Tax
NIKOLAY ANTONOV
and ANNA ANTONOV (BURLACHKO),
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Plaintiffs, TC-MD 160365R
v.
DEPARTMENT OF REVENUE,
State of Oregon,
FINAL DECISION OF DISMISSAL1
Defendant.
This matter came before the court on its own motion to dismiss this case for lack of
prosecution.
A case management conference was scheduled at 9:30 a.m. on January 27, 2017, to
consider Plaintiffs’ appeal. On January 12, 2017, the court sent notice of the scheduled case
management conference to Plaintiffs at the email address Plaintiffs provided to the court. The
court’s notice was not returned as undeliverable. That notice advised that if Plaintiffs did not
appear, the court might dismiss the appeal.
Plaintiffs failed to appear for the scheduled case management conference. On January
30, 2017, the court sent Plaintiffs a letter that explained the importance of diligently pursuing an
appeal. That letter was not returned as undeliverable. The court’s letter advised that if Plaintiffs
did not provide a written explanation by February 13, 2017, for their failure to appear, the court
would dismiss the appeal. On February 13, 2017, the court received a letter from Plaintiffs
explaining the reasons for their non-appearance for the conference. Also on February 13, 2017,
1 This Final Decision of Dismissal incorporates without change the court’s Decision of Dismissal, entered
March 22, 2017. The court did not receive a statement of costs and disbursements within 14 days after its Decision
of Dismissal was entered. See Tax Court Rule–Magistrate Division (TCR–MD) 16 C(1).

DECISION OF DISMISSAL TC-MD 160365R 2
the court received a call from Mr. Antonov about missing the conference. Court notes indicate
that Mr. Antonov advised the court that the email address used by the court was correct and that
Plaintiffs wanted to continue receiving court notices by email.
On February 24, 2017, the court sent an email notice of a second case management
conference scheduled for March 16, 2017, at 9:00 a.m. The court’s notice was not returned as
undeliverable. That notice advised that if Plaintiffs did not appear, the court might dismiss the
appeal. Plaintiffs did not appear for the second conference. Under such circumstances, the court
finds the appeal must be dismissed for lack of prosecution. Now, therefore,
IT IS THE DECISION OF THIS COURT that Plaintiffs’ appeal is dismissed.
Dated this day of April 2017.
RICHARD DAVIS
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.
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.
TCR-MD 19 B.
This document was filed and entered on April 11, 2017.