Opinion
1824-23
04-19-2023
KEITH H. KATO & EMMA T. KATO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge.
The Petition in this case seeks review of a Notice of Deficiency dated October 31, 2022, determining a deficiency and accuracy-related penalty in petitioners' Federal income tax for the taxable year 2020.
On March 8, 2023, petitioners filed a "Motion to Withdraw Petition Without Prejudice." Therein, petitioners advise that, after the filing of the Petition in this case, they received an Internal Revenue Service Notice CP2005 indicating that the inquiry into their 2020 Federal income tax has been closed with an amount due of $0.00. An apparent partial copy of that Notice is attached to petitioners' Motion.
On April 13, 2023, respondent filed an Answer in which he concedes this case in full.
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). Thus, even if the parties have reached a settlement, as it appears has occurred in this case, the Court must enter a decision.
In consideration of the foregoing, it is
ORDERED that petitioners' Motion is recharacterized as a Motion for Entry of Decision. It is further
ORDERED that, on or before May 19, 2023, either (1) respondent shall file a response to petitioners' Motion for Entry of Decision or (2) the parties shall file a proposed stipulated decision for the Court's consideration.