Opinion
10336-18
09-29-2021
Carl L. Gregory & Leila Gregory, Petitioners v. Commissioner of Internal Revenue, Respondent
ORDER
Courtney D. Jones, Judge
On March 6, 2020, petitioners filed a Motion for Summary Judgment under Rule 121 requesting that the Court hold as a matter of law that section 183(b) is not subject to section 67(a)'s 2-percent floor. Notwithstanding the title of their filing, the motion does not address the issue of the determined section 6662(a) penalties. Pursuant to the determination of the Court as set forth in its Memorandum Opinion (T.C. Memo. 2021-115), filed September 29, 2021, it is
Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code in effect at all relevant times.
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ORDERED that petitioners' Motion for Summary Judgment (docket entry no. 26), filed on March 6, 2020, is recharacterized as Motion for Partial Summary Judgment. It is further
ORDERED that petitioners' Motion for Partial Summary Judgment (docket entry no. 26), filed on March 6, 2020, is denied.