Opinion
666-23
06-15-2023
403 EAST MARKET, LLC, GBX BANKSHOT, LLC, A PARTNER OTHER THAN THE TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER TO SHOW CAUSE
Kathleen Kerrigan, Chief Judge
On January 26, 2023, petitioner filed the petition in this case disputing a notice of final partnership administrative adjustment dated November 8, 2022. Subsequently, on February 3, 2023, a petition was filed based upon the same notice of final partnership administrative adjustment as forms the basis for this case by Dev X, LLC, asserting to be the tax matters partner.
Under section 6226(b)(2) and (4), if more than one partnership action case is commenced with respect to a partnership for the same taxable year, the first case commenced goes forward and subsequent cases are dismissed. Section 6226(b)(5) provides that if a notice partner files a petition during the 90-day window for the tax matters partner petition (commonly referred to as a "premature petition"), the premature petition is deemed to be filed on the last day of the 60-day notice partner window.
Premises considered, it is
ORDERED that, on or before July 5, 2023, the parties shall show cause why this case should not be dismissed for lack of jurisdiction on the ground a timely petition was previously filed with respect to the same Notice of Final Partnership Administrative Adjustment as forms the basis for this case.