Opinion
17130-18
03-10-2022
Estate of David A. Bresler, Deceased, Joshua Bresler, Co-Executor Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
David Gustafson Judge
This case was scheduled for trial at the Court's Philadelphia session beginning April 18, 2022. (Doc. 35.) Paragraph 2 of our standing pretrial order (Doc. 36) stated: "No later than 45 days before the first day of the trial session ... [t]he parties should file any motions related to discovery or stipulations." On March 4, 2022, in view of that deadline, the Commissioner filed two motions to compel discovery (Docs. 38-39) "as a protective measure in the event petitioner's fail to adequately respond to the" discovery requests.
On March 9, the parties filed a joint motion for a continuance, which states that "Petitioner timely served its objections and responses to Respondent's interrogatories and document requests on March 4, 2022." The Court granted the continuance, so that there is no current deadline for filing discovery motions. It is therefore
ORDERED that, no later than May 9, 2022, the Commissioner shall file either (a) a notice that the motions are withdrawn, (b) a supplement to the motions explaining the extent to which the Commissioner still seeks relief, or (c) another appropriate filing. 1