Opinion
14179-17
01-06-2022
901 South Broadway Limited Partnership, Standard Development, LLC, Tax Matters Partner Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
James S. Halpern Judge
On December 22, 2021, respondent filed a Motion To Vacate, therein advising that the Order and Decision entered November 30, 2021, did not reflect respondent's concession of the I.R.C. § 6662 accuracy-related penalty. We may correct a clerical error in a final decision by order. See Seven W. Enterprises, Inc., and Subsidiaries v. Commissioner, 723 F.3d 857, 861-862 (7th Cir. 2013), vacating and remanding, 136 T.C. 539 (2011); Michaels v. Commissioner, 144 F.3d 495 (7th Cir. 1998) aff'g T.C. Memo. 1995-294.
Accordingly, and for cause, it is
ORDERED that the Order and Decision entered on November 30, 2021, is amended in that no penalty under the provisions of I.R.C. § 6662 will apply to any underpayment of tax resulting to the partners of the partnership. It is further
ORDERED that, in all other respects, the Order and Decision remains in full force and effect. It is further
ORDERED that respondent's Motion To Vacate is denied.