Opinion
9761-16W
06-20-2023
RICHARD E. LACEY, II, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
David Gustafson, Judge.
In this "whistleblower" case brought under section 7623(b), both parties filed motions (Docs. 28, 29) to remand the case to the IRS's Whistleblower Office. More than three years ago, we granted the motions and ordered periodic status reports. (See Docs. 30, 37, 41.) On May 5, 2023, the Commissioner filed his most recent status report, which states: "On May 4, 2023, the Whistleblower Office mailed petitioner a Supplemental Preliminary Denial Letter, which states that, if petitioner believes the preliminary decision as stated in the Supplemental Preliminary Denial Letter to be in error, he may provide comments to the Whistleblower Office within 30 days of the date listed on the letter." (Doc. 77, para. 13.) Petitioner Richard Lacey thereafter filed a status report that states: "Believing the WBO Supplemental Preliminary Denial Letter to be in error, Petitioner has provided comments to the WBO within 30 days of the date listed on the letter." (Doc. 78, para. 3.) Mr. Lacey has also filed a motion (Doc. 79) for non-binding mediation (for which provision is made in Rule 124(b)). It appears that the Commissioner's next status report is due July 5, 2023. It is
ORDERED that, in his status report due July 5, 2023, the Commissioner shall provide a recommendation as to further proceedings in this case. It is further
ORDERED that, no later than July 5, 2023, the Commissioner shall file a response to Mr. Lacey's motion for non-binding mediation.