Opinion
15285-21S
08-24-2021
Bob J. Hedrick & Lely Hedrick Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley Chief Judge
The petition in this case was filed May 3, 2021. Petitioners seek review of a notice of deficiency issued to them for tax year 2017. On August 16, 2021, petitioners filed a Letter Dated July 22, 2021, stating therein that this matter has been satisfactorily resolved with the IRS and requesting that this case be closed.
The Tax Court is separate and independent from the IRS. In a deficiency case where the Court has jurisdiction, Internal Revenue Code section 7459(d) generally requires the Court to enter a decision as to the amount of the deficiency, if any. Settles v. Commissioner, 138 T.C. 372, 374 (2012). Because this case is based on a notice of deficiency, the Court is required to enter a decision and, accordingly, the petition in this case may not be withdrawn or dismissed by petitioners. However, in these circumstances, it would be appropriate for the parties to submit proposed decision documents for the Court's consideration.
Upon due consideration, it is
ORDERED that petitioners' Letter Dated July 22, 2021, is recharacterized as a motion for entry of decision. It is further
ORDERED that, on or before October 19, 2021, the parties shall confer and thereafter file either (1) proposed decision documents so this case may be concluded, or (2) written reports (preferably joint) with the Court concerning the then-current status of this case.