Opinion
3700-23
06-05-2023
GRETEL ALFONSO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan, Chief Judge.
On May 31, 2023, the Court received from petitioner in the above-docketed proceeding a document which, although entitled "Notice of Voluntary Dismissal", was in the nature of and will be recharacterized as a Motion for Entry of Decision. The document and an attached materials from the Internal Revenue Service (IRS) indicated that the case underlying this matter for taxable year 2021 had been resolved with the IRS. On that basis, petitioner requested that the instant proceeding be dismissed.
Upon due consideration, and because the Tax Court cannot dismiss a deficiency case for reason other than lack of jurisdiction without entering a decision specifying the amount of tax due, it is
ORDERED that petitioner's letter filed May 31, 2023, shall be recharacterized as a Motion for Entry of Decision. It is further
ORDERED that, on or before June 30, 2023, either (1) respondent shall file with the Court a response to petitioner's just-referenced motion, specifying therein respondent's position as to the amount(s) to be included in any decision to be entered in the case and whether petitioner is in agreement with such amount, or, alternatively (2) the parties shall submit a stipulated decision resolving this case and incorporating, if applicable, appropriate language establishing petitioner's entitlement to any overpayment.