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Court Order

The Council for Education appealed a tax court decision to the Ninth Circuit Court of Appeals. The Ninth Circuit had previously ordered the Council to have counsel file a notice of appearance within 21 days, but the Council failed to comply. As a result, the Ninth Circuit dismissed the appeal for failure to prosecute in accordance with its rules. The order dismissing the appeal will act as the mandate to the tax court.

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Harold Huggins
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104 views2 pages

Court Order

The Council for Education appealed a tax court decision to the Ninth Circuit Court of Appeals. The Ninth Circuit had previously ordered the Council to have counsel file a notice of appearance within 21 days, but the Council failed to comply. As a result, the Ninth Circuit dismissed the appeal for failure to prosecute in accordance with its rules. The order dismissing the appeal will act as the mandate to the tax court.

Uploaded by

Harold Huggins
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Case: 14-70825 09/11/2014 ID: 9236685 DktEntry: 21 Page: 1 of 2

FILED
UNITED STATES COURT OF APPEALS SEP 11 2014

MOLLY C. DWYER, CLERK


FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

THE COUNCIL FOR EDUCATION, No. 14-70825

Petitioner - Appellant, Tax Ct. No. 17890-11X

v.
ORDER
COMMISSIONER OF INTERNAL
REVENUE,

Respondent - Appellee.

The court’s September 10, 2014 order is vacated as issued in error.

On July 29, 2014, this court ordered counsel, within 21 days, to file a notice

of appearance of behalf of appellant. The order warned appellant that failure to

comply would result in the automatic dismissal of the appeal by the Clerk of the

Court. To date, appellant has not complied with the court’s order. Accordingly,

this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1.

dev/MOATT
Case: 14-70825 09/11/2014 ID: 9236685 DktEntry: 21 Page: 2 of 2

This order served on the tax court shall act as and for the mandate of this

court.

FOR THE COURT:

MOLLY C. DWYER
CLERK OF COURT

By: Dru E. Van Dam


Deputy Clerk

dev/MOATT

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