State Bar of Wisconsin Return to wisbar.org Wisconsin Tax Appeals Commission


[WP]

STATE OF WISCONSIN

TAX APPEALS COMMISSION


ROSE MC CLAIN

113 West Vine Street

Milwaukee, WI 53216-3933

Petitioner,

vs.

WISCONSIN DEPARTMENT OF REVENUE

P.O. Box 8907

Madison, WI 53708-8907,

Respondent.

DOCKET NO. 01-I-176

RULING AND ORDER


DON M. MILLIS, COMMISSION CHAIRPERSON:

This matter comes before the Commission on its own motion to dismiss the petition for review. Petitioner represents herself. Respondent is represented by Attorney Kenneth J. Artis.

Based on the record in this matter, the Commission finds, concludes, and orders as follows:

Petitioner filed her petition for review with the Commission on November 5, 2001. Since that time, the Commission has held nine telephone scheduling or status conferences. Petitioner has failed to appear at five of these telephone conferences, including the last four conferences.

The Commission's Order of November 21, 2002, established a telephone status conference for January 15, 2003. The Order also ordered petitioner to appear at the January 15, 2003, telephone status conference, and provided that her failure to do so may result in dismissal of the petition for review. Petitioner failed to appear at the January 15, 2003, telephone status conference, as well as the last telephone status conference that was held on February 18, 2003.

Petitioner has failed to prosecute the petition for review. Moreover, she has violated an order of the Commission by failing to appear at the telephone status conference set for January 15, 2003. Therefore, on its own motion, the Commission will dismiss the petition for review for failure to prosecute the appeal (Wis. Stat. § 805.03) and for violating the Commission Order of November 21, 2002 (Wis. Stat. § 802.10(7)).

ORDER

The petition for review is dismissed.

Dated at Madison, Wisconsin, this 21st day of February, 2003.

WISCONSIN TAX APPEALS COMMISSION

Don M. Millis, Commission Chairperson

Thomas M. Boykoff, Commissioner

ATTACHMENT: "NOTICE OF APPEAL INFORMATION"