Opinion
1996-18
07-17-2023
MAPLE LANDING, LLC, EFFINGHAM MANAGERS, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber, Judge
Effingham Managers, LLC, the petitioner in this case, is the tax matters partner (TMP) of Maple Landing, LLC (Maple Landing). On April 14, 2023, the parties filed a joint status report representing that they reached a tentative basis of settlement. On July 10, 2023, respondent filed a Motion for Entry of Decision reflecting the terms of the settlement. He represents that petitioner, while agreeing to the proposed Decision, does not certify that no partner in Maple Landing objects to the granting of the Motion.
Rule 248(b) requires that the TMP 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, on or before September 15, 2023, any party who objects to the granting of respondent's Motion for Entry of Decision 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.