Opinion
20361-22L
03-22-2023
JOHN COMPAGNO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Mark V. Holmes Judge.
This case is on the Court's May 1, 2023 San Francisco, California trial calendar. It's based on a notice of determination from the IRS that it intends to collect unpaid tax through a levy on petitioner's assets. The parties moved to continue it on March 13, 2023; we spoke with them today. It turns out that this is a somewhat unusual collection-due-process case. Petitioner doesn't contest his liability, and reasonably expects to fully pay it with the sale of a winery in Oregon. Marketing this type of property, however, requires the retention of a broker who specializes in the field. Respondent agrees that it would be most efficient, especially in what seems to be a difficult time for real-estate sales, to let petitioner have enough time to market this property to maximize its price. Petitioner has already sold other real estate to pay down his liability, so we agree that it is best to put this case on a long-term status-report track.
It is therefore
ORDERED that the parties' March 13, 2023 motion for a continuance is granted in that this case is stricken from the Court's May 1, 2023 San Francisco trial calendar. It is also
ORDERED that this division of the Court retains jurisdiction. It is also
ORDERED that on or before September 21, 2023 the parties shall file a status report describing their progress toward mooting this case through the winery's sale. It is also
ORDERED that the Court's February 22, 2023 order requiring compilation of the administrative record in this case is vacated.