Opinion
7394-22S
08-17-2022
WILLIAM ROCCO GIACALONE & CATHERINE GIACALONE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
On August 12, 2022, the Court filed a Letter by petitioners dated July 31, 2022. Therein, petitioners request that this case be dismissed on the ground that, since the filing of the Petition, the Internal Revenue Service has determined that there is no deficiency in income tax due from petitioners for the taxable year 2019. Attached to the Letter is an apparent IRS account transcript indicating that the examination of petitioners' income tax for 2019 has been closed and that their current account balance for that year is $0.00.
In a deficiency case where this Court has jurisdiction, as here, the Court is generally required to enter a decision specifying the amount of the deficiency, if any, for the taxable year at issue. See I.R.C. § 7459(d); Estate of Ming v. Commissioner, 62 T.C. 519 (1974). Therefore, even if the parties have reached a settlement, as it appears may have occurred in this case, the Court must enter a decision. Accordingly, we will recharacterize the Letter and direct the parties as set forth below.
Upon due consideration of the foregoing, it is
ORDERED that the above-referenced Letter is recharacterized as a Motion for Entry of Decision. It is further
ORDERED that, on or before September 16, 2022, respondent shall file a response to the Motion for Entry of Decision, or the parties shall file a proposed stipulated decision.