“Stuff happens” has become a cliché, although the precise phraseology often used has no place in a blog intended for reading around the family dinner table. Judge Benjamin A. (“Trey”) Guider, III, has a checklist (not in tabular form) for such mishaps in Simon Gradisnik & Marcia Pena Gradisnik, et al., Docket No. 3262-22, filed10/6/26.
With trial set for 10/19/26, long-time trusty attorney has medical issue. Si & Marcia try to file timely motion for continuance thirty-two (count ’em, thirty-two) days out (see Rule 133, penultimate sentence), but allege they “experienced issues with the United States Postal Service.” Order, at p. 1.
You’re not alone, guys, I have a prescription refill sent eight (count ’em, eight) days from NJ and addressed to me at this Minor Outlying Island off the Coast of N. America, which this morning is sitting at a USPS distribution center in Fargo, ND. Don’t ask. Anyway, FedEx to the rescue.
Judge Trey Guider, III, is sympathetic, even though IRS says the parties haven’t yet begun the stipulation process. And this is the fourth continuance since consolidation.
So continuance (that’s adjournment for you State courtiers) granted.
Except.
Report by trial date plus ten whether and when petitioners’ counsel will resume work on these cases or whether petitioners intend to retain new counsel or proceed pro se, and describe petitioners’ plan to begin, or their efforts regarding, the stipulation process with respondent.
In short, get counsel, old or new, on board or go it alone, and hit the bedrock of Tax Court practice, the stips.
In this case, Taishoff says it helps that trusty attorney is an old-timer with 49 (count ’em, 49) years of experience at the Tax Court Bar.