26-002512 Ext Def.pdf
Jason Bunge Petitioner V Michigan Department Of Treasury Respondent · 26-002512-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Jason Bunge, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-002512 Michigan Department of Treasury, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that it entered an order holding Petitioner in default on September 24, 2026, because Petitioner did not file the petition on the correct Other Exemptions petition form or pay the full required petition filing fee.1 Further, Petitioner did not submit a copy of the notice giving rise to the appeal. It is also unclear from the information filed whether this appeal qualifies for the Tribunal’s Small Claims division.2 Petitioner was required to cure the default within 14 days. Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this order.3 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file an amended petition using the Tribunal’s Other Exemptions petition form, (2) file a copy of the notice giving rise to the appeal, (3) pay the remaining petition filing fee owed, (4) file a Motion to Set Aside Default, (5) pay the $25.00 fee required for the filing of the motion, and (6) file proof the motion and amended petition were served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this order.4 1 The order further stated, “Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See MCL 205.762. If this appeal does not qualify for the Small Claims division, Petitioner shall file an Entire Tribunal petition and pay the appropriate petition filing fee less the amount paid on June 30, 2026. Petitioner would also file a Motion to Transfer the case to the Entire Tribunal division along with its Motion to Set Aside Default. 3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 4 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by
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MTT Docket No. 26-002512 Page 2 of 2 Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.5 Entered: October 20, 2026 By: /s/ Patricia L. Halm bw/gc PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5). 5 See also MCL 205.732.