Opinion
1139-21
06-01-2021
Roy Chevrie, III & Sandra K. Chevrie Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley Chief Judge
On May 13, 2021, respondent filed a Motion To Dismiss for Lack of Jurisdiction on the ground that the petition was not filed within the time prescribed by the Internal Revenue Code. Respondent stated in his motion that petitioners did not object to the granting of that motion. Accordingly, on May 18, 2021, the Court entered an Order of Dismissal for Lack of Jurisdiction in this case.
On May 21, 2021, respondent filed a Status Report in which, among other things, respondent states that his representation in his above-described motion that petitioners did not object to the granting of the motion was made in error.
Accordingly, and for cause, it is
ORDERED the Court's Order of Dismissal for Lack of Jurisdiction, entered May 18, 2021, is vacated and set aside. It is further
ORDERED that, on or before June 28, 2021, petitioners shall file an objection, if any, to respondent's Motion To Dismiss for Lack of Jurisdiction. Failure to file an objection may result in the granting of the motion or other appropriate action of the Court.