Opinion
3957-23
05-26-2023
MICHAEL HERSHEY & JACQUELINE HERSHEY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan, Chief Judge
Petitioners filed the petition in this case on February 23, 2023, seeking review of a notice of deficiency dated November 28, 2022, issued to petitioners for tax year 2020. On April 17, 2023, petitioners filed a Letter dated March 27, 2023. However, further review indicates that petitioners' Letter dated March 27, 2023 appears to be more akin to a Motion to Dismiss.
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notice of deficiency, the Court is required to enter a decision and, accordingly, the petition in this case may not be withdrawn with or without prejudice.
Upon due consideration, it is
ORDERED that petitioners' Letter dated March 27, 2023, filed April 17, 2023, is recharacterized as petitioners' Motion to Dismiss. It is further
ORDERED that petitioners' Motion to Dismiss is denied. It is further
ORDERED that, on or before June 20, 2023, the parties shall either (1) submit stipulated decision documents so this case may be concluded, or (2) file status reports (preferably a joint report) with the Court concerning the then-present status of this case.