Opinion
15229-21S
03-10-2022
Joseph E. Acker, Jr. & April L. Acker Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Ronald L. Buch, Judge
This case is calendared for trial at the Court's March 28, 2022, San Antonio, Texas trial session. On March 7, 2022, the Commissioner filed a Motion to Dismiss for Lack of Jurisdiction, and on March 9, 2022, the Commissioner filed a First Supplement to Motion to Dismiss for Lack of Jurisdiction. In the supplement, the Commissioner requests that the Motion to Dismiss for Lack of Jurisdiction be withdrawn or denied. Petitioners agree that the Motion to Dismiss for Lack of Jurisdiction should be withdrawn or denied. The Commissioner also informed the Court that the "parties intend to file a stipulated decision document within 30 days of the calendar call." For the reasons stated in the Commissioner's First Supplement to Motion to Dismiss for Lack of Jurisdiction, it is
ORDERED that the Commissioner's Motion to Dismiss for Lack of Jurisdiction filed March 7, 2022, as supplemented, is denied. It is further
ORDERED that this case is stricken from the above-referenced trial session, and the parties are excused from appearing at the calendar call on March 28, 2022. It is further
ORDERED that, on or before May 27, 2022, the parties shall submit a proposed stipulated decision or file a joint status report. In lieu of a joint status report, either party may file a status report stating that the other party has reviewed and agreed to the content of the report. It is further
ORDERED that jurisdiction of this case is retained by the undersigned.