Opinion
23781-21
10-22-2021
Vicky Latorre & Abismael Latorre Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley, Chief Judge
The petition in this case was filed on June 29, 2021. Petitioners seek review of the notice of deficiency dated April 12, 2021, issued to them for tax year 2018.
On October 19, 2021, petitioners filed a Motion To Withdraw. Among other things, in their motion petitioners state/indicate that: (1) petitioners believe they have now resolved their dispute with the IRS concerning their proposed 2018 income tax; and (2) petitioners thus would like to withdraw this Tax Court case.
In a deficiency case where this Court has jurisdiction, the Court is generally required to enter a decision specifying the amount of the deficiency, if any, for the taxable year in issue. See I.R.C. sec. 7459(d); Estate of Ming v. Commissioner, 62 T.C. 519 (1974). Since this case is based upon a deficiency notice issued to petitioners for 2018, the Court will deny petitioners' Motion To Withdraw. Under the circumstances, however, the Court will direct the parties to confer as to the present status of this case. It is therefore
ORDERED that petitioners' Motion To Withdraw is denied. It is further
ORDERED that at a reasonable date and time, but no later than by November 15, 2021, the parties shall confer as to the present status of this case, including (1) the issues and/or evidence concerning petitioners' proposed 2018 tax liability, and (2) whether the parties possibly might agree to submit decision documents to the Court. It is further
ORDERED that, on or before November 24, 2021, respondent shall file a report concerning the then present status of this case.