Opinion
13196-23
01-04-2024
ORDER
Kathleen Kerrigan Chief Judge
On January 2, 2024, respondent filed in the above-docketed matter two apparently identical copies of a Motion for Entry of Order that Undenied Allegations Be Deemed Admitted Pursuant to Rule 37(c) of the Tax Court Rules of Practice and Procedure.
Upon due consideration, it is
ORDERED that the duplicate filing at Docket Index No. 7 is deemed stricken from the Court's record in this case. It is further
ORDERED that, on or before February 2, 2024, petitioner shall file a reply, if any, to the answer in accordance with Rule 37(a) and (b) of this Court's Rules. The Court advises that respondent's just-referenced motion will be denied if such reply is filed as directed. Conversely, the motion will be granted if such reply is not filed as directed, thereby deeming admitted for purposes of this case the affirmative allegations set forth in the answer.