Opinion
22571-21
07-01-2024
LOWLAND CREEK, LLC, ORNSTEIN-SCHULER, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Patrick J. Urda, Judge
On June 26, 2024, the Commissioner filed a motion for entry of decision stating that the parties have reached a basis of settlement. The Commissioner's motion represents that Ornstein-Schuler, LLC as the Tax Matters Partner for Lowland Creek, LLC, agrees to the entry of the proposed stipulated decision, but does not certify that no party objects to the granting of the motion for entry of decision. The motion further states that a proposed stipulated decision document is lodged herewith consistent with the settlement but the motion does not contain any attachments. It appears, however, that the Commissioner filed the proposed stipulated decision as its own filing. We will recharacterize the proposed stipulated decision as a supplement to the motion for entry of decision.
Rule 248(b), Tax Court Rules of Practice and Procedure, requires that the tax matters partner notify nonparticipating partners of the Commissioner's motion and that the Court allow 60 days for any partner to elect to intervene and object to entry of the proposed decision. If no partner intervenes, then the Court may enter the proposed decision. In consideration of the foregoing, it is
ORDERED that the Commissioner's proposed stipulated decision filed June 26, 2024, is recharacterized as the Commissioner's first supplement to the motion for entry of decision. It is further
ORDERED that on or before August 26, 2024, any party who objects to the granting of the Commissioner's motion for entry of decision, as supplemented shall file (1) a motion for leave to file a notice of election to participate out of time and (2) a notice of election to participate.