Opinion
20608-18 7097-19 7703-19
10-13-2022
EXCELSIOR AGGREGATES, LLC, BIG ESCAMBIA VENTURES, LLC, TAX MATTERS PARTNER, ET AL., Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber Judge
These consolidated cases are calendared for trial at the Court's special session in Atlanta, Georgia, beginning December 5, 2022. On October 8, 2022, respondent filed a Motion for Order to Show Cause Why Proposed Facts and Evidence Should Not be Accepted as Established Pursuant to Rule 91(f). Respondent appended to the Motion a proposed Fifth Supplemental Stipulation of Facts with attached exhibits. Respondent requests that petitioner show cause why the facts and evidence set forth in the proposed Stipulation, marked "Exhibit A," should not be accepted as established for purposes of these cases. In consideration of the foregoing, it is
ORDERED that petitioners shall file with the Court, on or before November 3, 2022, a response to respondent's Motion for Order to Show Cause Why Proposed Facts and Evidence Should Not be Accepted as Established Pursuant to Rule 91(f).