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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax JOHN W. WILLIAMS and ALICE J. WILLIAMS, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) )

TC-MD 100033B

DECISION OF DISMISSAL

This matter is before the court on its own motion to dismiss this case for want of prosecution. A trial was scheduled at 9:00 a.m. on October 25, 2010, in the Tax Courtroom in Salem, Oregon to consider Plaintiffs' appeal. On July 14, 2010, the court sent notice of the scheduled trial to Plaintiffs' attorney, Michael A. Redden, at 2720 NE 33rd Avenue, Portland, OR 97212, which is the address provided by Mr. Redden to the court. The notice was not returned as undeliverable. Neither Plaintiffs nor their representative Mr. Redden appeared at the October 25, 2010, trial. As of 10:30 a.m. on October 25, 2010, neither Plaintiffs nor Mr. Redden have contacted the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, /// /// /// ///

DECISION OF DISMISSAL TC-MD 100033B

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IT IS THE DECISION OF THIS COURT that the Complaint is dismissed. Dated this day of October 2010.

JEFFREY S. MATTSON MAGISTRATE

If you want to appeal this Decision, 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 Decision or this Decision becomes final and cannot be changed. This document was signed by Magistrate Jeffrey S. Mattson on October 25, 2010. The Court filed and entered this document on October 25, 2010.

DECISION OF DISMISSAL TC-MD 100033B

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Oregon Law