Opinion
21971-17 22152-17
01-27-2022
FAB HOLDINGS, LLC, ET AL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth A. Copeland Judge
This Court filed, at the docket entries nos. listed below, a Memorandum Opinion (T.C. Memo. 2021-135) on November 30, 2021, finding, among other matters, that respondent erroneously recharacterized as constructive dividends the payment of director's fees by FAB Holdings, LLC (FAB) to Frank and Dana Berritto (the Berritos) in FAB's years ended 3/31/13 and 3/31/14, respectively.
| Docket No. | Petitioner | Docket Entry No. | 21971-17 | FAB Holdings, LLC | 35 |
| 22152-17 | Frank Berrito and Estate of Dana Berrito, Deceased, Frank Berrito, Executor | 37 |
As such, the decision to be entered in both docket numbers involved in these consolidated cases should have been under Rule 155 of the Tax Court Rules of Practice and Procedure rather than just in docket no. 22152-17. Thus, the Court will strike from the record the docket index entries noted above. Therefore, it is
ORDERED that in Docket No. 21971-17, docket entry no. 35 is hereby stricken from the Court's record. It is further
ORDERED that in Docket No. 22152-17, docket entry no. 37 is hereby stricken from the Court's record. It is further
ORDERED that the Clerk of the Court shall serve on the parties the Corrected Memorandum Opinion, which reflects the revision on page 33, to the decision line deleting "Decisions will be entered for respondent as to the deficiencies and for petitioners as to the accuracy-related penalties under section 6662(a) in docket No. 21971-17 and under Rule 155 in docket No. 22152-17 " and revising the decision line to read "Decisions will be entered under Rule 155." It is further
ORDERED that the Memorandum Opinion in all other respects remains unchanged. It is further
ORDERED that on or before April 27, 2022, the parties shall submit to the Court either agreed computations for entry of decision under Rule 155, or each party shall submit to the Court their computations for entry of decision under Rule 155.