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Lu v. Comm'r of Internal Revenue

United States Tax Court
Jan 8, 2024
No. 10523-23L (U.S.T.C. Jan. 8, 2024)

Opinion

10523-23L

01-08-2024

CHING TZU LU A.K.A. SUSAN LU, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER

Joseph W. Nega Judge.

On January 2, 2024, petitioner filed a First Amended Petition. Petitioner's Amended Petition is untimely and was not accompanied by a motion for leave. See 41(a), Tax Court Rules of Practice and Procedure. The Court will recharacterize the First Amended Petition as a Motion for Leave to File Amended Petition (Embodying Amended Petition). In the motion, petitioner indicates that "Petitioner believes that Respondent's Motion to Remand is tantamount to the 'written consent of the adverse party'". However, it is unclear to the Court if respondent has no objection to the petitioner amending the petition.

Upon due consideration, it is

ORDERED that petitioner's First Amended Petition is recharacterized as a Motion for Leave to File First Amended Petition (Embodying Amended Petition). It is further

ORDERED that, on or before February 5, 2024, respondent shall a response to the above-referenced Motion for Leave.


Summaries of

Lu v. Comm'r of Internal Revenue

United States Tax Court
Jan 8, 2024
No. 10523-23L (U.S.T.C. Jan. 8, 2024)
Case details for

Lu v. Comm'r of Internal Revenue

Case Details

Full title:CHING TZU LU A.K.A. SUSAN LU, Petitioner v. COMMISSIONER OF INTERNAL…

Court:United States Tax Court

Date published: Jan 8, 2024

Citations

No. 10523-23L (U.S.T.C. Jan. 8, 2024)