Opinion
32927-21
07-10-2024
YELLOWHAMMER S&G, LLC, GH MANAGER, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber Judge
GH Manager, LLC, the petitioner in this case, is the tax matters partner (TMP) of Yellowhammer S&G, LLC (Partnership). On July 9, 2024, respondent filed a Motion for Entry of Decision (Motion) in which he represents that the parties have reached a basis for settlement of the partnership items of the Partnership for the taxable year ending December 31, 2015, the tax period at issue in this case. He represents that petitioner, the TMP, agrees to the proposed decision. However, the TMP does not "certify that no nonparticipating partner would object to the granting of the Motion." At the moment, no partner other than the TMP is a participating partner to this action within the meaning of Rule 247(b) because no other partner has filed an election to participate. The time within which to file a notice of election to participate under Rule 245(b) has expired.
Rule 248(b) requires that the TMP notify nonparticipating partners of the Commissioner's Motion and that the Court allow 60 days for any partner to elect to intervene in this proceeding and object to entry of the proposed decision. If no partner intervenes, then the Court will enter the proposed decision.
In consideration of the foregoing, it is
ORDERED that, on or before, September 9, 2024, any party who objects to the granting of respondent's Motion for Entry of Decision shall file (1) a motion for leave to file a notice of election to participate out of time and (2) a notice of election to participate.