Opinion
15800-21
09-30-2021
Robert L. Newmark & Kara Turner Newmark Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley, Chief Judge
On September 25, 2021, the Court received from petitioners in the above-docketed proceeding a document which, although designated a "Motion To Dismiss on Ground of Mootness" for electronic filing purposes, was in the nature of and will be recharacterized as a Motion for Entry of Decision. The document indicated that the case underlying this matter for taxable year 2018 had been resolved with the Internal Revenue Service (IRS). On that basis, petitioners requested that the instant proceeding be dismissed.
Upon due consideration, and because the Tax Court cannot dismiss a deficiency case for reason other than lack of jurisdiction without entering a decision specifying the amount of tax due, it is
ORDERED that petitioners' document filed September 25, 2021, shall be recharacterized as a Motion for Entry of Decision. It is further
ORDERED that, on or before October 29, 2021, either (1) respondent shall file with the Court a response to petitioners' just-referenced motion, specifying therein respondent's position as to the amount(s) to be included in any decision to be entered in the case and whether petitioners are in agreement with such amount, or, alternatively (2) the parties shall submit a stipulated decision resolving this case and incorporating, if applicable, appropriate language establishing petitioners' entitlement to any overpayment.
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