Opinion
27486-22S
04-03-2023
JERRY HAMMER & MARSHA HAMMER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
KATHLEEN KERRIGAN, CHIEF JUDGE.
On January 25, 2023, the Court issued an Order To Show Cause directing petitioners to show cause in writing why the small tax case designation in this case should not be removed. For the small tax case election to be valid, the "amount of the deficiency placed in dispute" may not exceed $50,000 for any one taxable year. Sec. 7463(a), (e); Kallich v. Commissioner, 89 T.C. 676, 679-680 (1987).
On March 23, 2023, a Response to the Court's order to show cause was filed on petitioners' behalf. In it, petitioners' position is that the "amount of deficiency in dispute" in this proceeding is well under $50,000. As that amount is significantly less than the jurisdictional maximum for small tax cases, the Court concurs with petitioners' election to conduct this case as a small tax case.
Premises considered, it is ORDERED that the Court's Order To Show Cause, dated January 25, 2023, is hereby discharged.