Opinion
12214-20
02-23-2024
TOSCANO HOLDINGS, LLC, TOSCANO INVESTMENTS, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth Crewson Paris Judge
On April 25, 2023, docket entry 32, petitioner filed a Motion to Invalidate the Final Partnership Administrative Adjustment, along with a supporting Declaration filed on June 2, 2023, at docket entry 51 (replacing the Declaration originally filed with the Motion on April 25, 2023, docket entry 33). Petitioner's Motion requested that the Court invalidate the Final Partnership Administrative Adjustment based on assertions that (1) petitioner was denied its statutory right to an administrative hearing before the IRS Independent Office of Appeals (Appeals), and (2) therefore the Final Partnership Administrative Adjustment was rendered invalid.
On June 15, 2023, docket entry 46, respondent filed a Response to petitioner's Motion, along with a supporting Declaration, docket entry 48, and on June 23, 2023, docket entry 53, respondent filed another supporting Declaration (replacing another Declaration respondent originally filed with the Response on June 15, 2023, docket entry 47). Petitioner and respondent subsequently filed replies at docket entries 59 and 63.
On February 6, 2024, docket entry 68, the parties filed a Joint Status Report in which respondent represents that on October 5, 2023, respondent returned petitioner's case to Appeals for consideration and settlement purposes. In addition, respondent intends to send petitioner's counsel a settlement offer to resolve this case, separate from any settlement offer that Appeals may extend to petitioner. The parties request that the Court order the parties to submit a proposed stipulated decision or a joint status report on or before June 17, 2024.
On February 21, 2024, the court held a telephonic conference with the parties. The parties confirmed that the case was returned to Appeals and further stated that an Appeals conference is scheduled for March 28, 2024. The parties agreed that at this time petitioner's Motion can be denied as moot.
The Court will deny petitioner's Motion as moot but will not preclude petitioner from filing a new Motion should petitioner determine it is necessary to do so.
After due consideration, it is
ORDERED that petitioner's Motion to Invalidate the Final Partnership Administrative Adjustment, filed April 25, 2023, docket entry 32, is denied without prejudice as moot. It is further
ORDERED that, on or before June 17, 2024, the parties shall submit settlement documents pursuant to Rule 248, Tax Court Rules of Practice and Procedure, or file a Joint Status Report (or, if that is not possible, then separate reports) with the Court as to the then-present status of this case.