Opinion
11875-20
10-26-2021
Colorado Land and Holdings LLC, John Sfondrini, Tax Matters Partner Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
Alina I. Marshall Judge
This case was called from the calendar on June 14, 2021, at the remote trial session of the Court for cases in which Denver, Colorado, was the place of trial. There was no appearance by or on behalf of petitioner. Counsel for respondent appeared and notified the Court that the case was resolved, but the parties were having procedural difficulties related to reaching the tax matters partner (TMP) who filed the petition in the proceeding (i.e., Mr. John Sfondrini).
On July 9, 2021, petitioner filed a motion to remove tax matter partner. In that motion, petitioner requested that GM Investments III, LLC (represented by Mr. Gerald Greenspoon as managing member) replace Mr. Sfondrini as tax matters partner in this case. On July 26, 2021, the Court issued an order directing the parties to file reports setting forth their views as outlined in that order, and held petitioner's motion to remove tax matter partner in abeyance. On September 10, 2021, petitioner filed a motion to substitute parties and change caption. On the same day, respondent and petitioner each filed a status report. In petitioner's status report, petitioner asserts that it is gathering the documentation to prove that GM Investments III, LLC, was appointed as the TMP prior to the petition being filed in this case on September 28, 2020. On October 15, 2021, petitioner filed a status report and two memoranda each in support of petitioner's status report. In that status report, petitioner states that petitioner "has searched its records for the documents evidencing the removal and replacement of the TMP, reaching out to the parties on both sides for information" and that the "[u]ndersigned counsel was able to retrieve unsigned documents in their file, which they believe were executed and sent to the Revenue Agent on or around December 21, 2019." Furthermore, petitioner asserts that petitioner shared this information with respondent and that respondent "is going to review his records to see if he can locate a submission of the administrative forms around December 2019."
Accordingly, it is
ORDERED that, on or before November 19, 2021, the parties shall file a joint status report or separate reports setting forth the then-present status of (1) petitioner's and Greenspoon Marder's continuing efforts in searching for any executed documents and (2) respondent's review of respondent's records.