Opinion
18376-22S
10-19-2022
JAMES FRANK CHISHOLM & SARA R. CHISHOLM, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
On August 19, 2022, the Court issued an Order To Show Cause directing petitioners to show cause in writing why the small tax case designation in this case should not be removed. For the small tax case election to be valid, the "amount of the deficiency placed in dispute" may not exceed $50,000 for any one taxable year. Sec. 7463(a), (e); Kallich v. Commissioner, 89 T.C. 676, 679-680 (1987).
On October 11, 2022, petitioners filed their Response to the Court's order to show cause. In it, petitioners state that the "amount of deficiency in dispute" in this proceeding is the amount of the penalty pursuant to section 6662(a) that respondent determined in the notice of deficiency on which this case is based, as well as another small adjustment. As that amount, is significantly less than the $50,000 jurisdictional maximum for small tax cases, the Court concurs with petitioners' election to conduct this case as a small tax case.
Premises considered, it is
ORDERED that the Court's Order To Show Cause, issued August 19, 2022, is hereby discharged.