Opinion
5242-10
03-22-2024
DALE A. AFFONSO & JANE G. AFFONSO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Mark V. Holmes, Judge.
This case was assigned to this division of the Court years ago because it was related to a large cluster of cases filed by David Greenberg and William Goddard. Back in July 2018 the Court spoke with the parties and all agreed that it would be most efficient to wait till those cases became final and unappealable. It took years, but the Supreme Court denied rehearing of its denial of certiorari in the last of those appeals last December. That did not bring this case to a close. We then put the case on a pretrial-order track, but there are now so many special sessions calendared for trial that no more special sessions can be calendared this year.
We spoke with the parties today about how to move the case forward. Respondent filed a motion for partial summary judgment whose resolution might affect third-party discovery and the length of trial. There is a largely separate innocent-spouse issue as well; petitioner's counsel promised to get information regarding that request to respondent's counsel "expeditiously" so that respondent can seek the advice of CCISO about its merits. To keep the case moving it is
ORDERED that on or before April 12, 2024 petitioner file a response to respondent's motion for partial summary judgment; and that on or before May 3, 2024 respondent file any reply to that response.