Opinion
12888-19
11-16-2021
Davidovici Family Trust, Isaac M. Neuberger, Trustee, Petitioners v. Commissioner of Internal Revenue, Respondent
ORDER
ALBERT G. LAUBER JUDGE
On November 20, 2020, respondent filed a Motion for Partial Summary Judgment on the question whether, for tax year 2011, petitioner is disqualified from electing to include capital gain income in net investment income, and therefore precluded from deducting investment interest, because it did not timely file its 2011 return.
On January 19, 2021, petitioner filed a response stating that it does not object to the granting of respondent's Motion for Partial Summary Judgment. We will therefore grant the Motion and ask the parties to file a status report expressing their views as to the conduct of further proceedings. It is accordingly
ORDERED that respondent's Motion for Partial Summary Judgment, filed November 20, 2020, is granted. It is further
ORDERED that, on or before December 15, 2021, the parties shall file a status report (jointly if possible, otherwise separately) expressing their views as to the conduct of further proceedings in this case.