From Casetext: Smarter Legal Research

Denis v. Comm'r of Internal Revenue

United States Tax Court
Jul 28, 2022
No. 14919-22S (U.S.T.C. Jul. 28, 2022)

Opinion

14919-22S

07-28-2022

GREGORY DENIS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER

Kathleen Kerrigan Chief Judge

On July 5, 2022, petitioner filed the petition to commence this case, seeking review of a notice of deficiency issued for his 2019 tax year. On July 26, 2022, petitioner filed a First Supplement to Petition, stating therein that this matter has been satisfactorily resolved with the IRS and petitioner wishes to have this case closed.

The Tax Court is separate and independent from the IRS. If the Court dismisses a deficiency case for a reason other than for lack of jurisdiction, Internal Revenue Code section 7459(d) generally requires the Court to enter a decision for the Commissioner for the amounts determined in the notice of deficiency. Settles v. Commissioner, 138 T.C. 372, 374 (2012). Because the Court has jurisdiction in this deficiency case and petitioners' supplement indicates that this matter has been settled with respondent for an amount less than the amount set forth in the notice of deficiency, the petition in this case may not be withdrawn or dismissed by petitioner. In these circumstances, however, the parties may submit for the Court's consideration a proposed stipulated decision so that this case may be concluded.

Upon due consideration, it is

ORDERED that petitioner's above-referenced First Supplement to Petition is recharacterized as a Motion for Entry of Decision. It is further

ORDERED that, on or before September 27, 2022, either (1) respondent shall file a response to petitioner's Motion for Entry of Decision, or (2) the parties shall file proposed stipulated decision documents so that this case may be concluded.


Summaries of

Denis v. Comm'r of Internal Revenue

United States Tax Court
Jul 28, 2022
No. 14919-22S (U.S.T.C. Jul. 28, 2022)
Case details for

Denis v. Comm'r of Internal Revenue

Case Details

Full title:GREGORY DENIS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Court:United States Tax Court

Date published: Jul 28, 2022

Citations

No. 14919-22S (U.S.T.C. Jul. 28, 2022)