Opinion
35989-21
02-28-2023
MARCUS TYRONE MILLER, JR., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro, Judge
This case is currently calendared for trial during the Court's March 6, 2023, Atlanta, Georgia, trial session. On February 9, 2023, the parties filed a Proposed Stipulated Decision (Doc. 9) for the Court's consideration. An examination of the Petition and the Notice of Deficiency on which the case is based suggest the Petition may not have been timely filed.
On February 27, 2023, the Court held a conference call with the parties to discuss the current status of the case and whether the Petition was timely filed. During the call, respondent requested time to consider whether the Petition was timely filed and, if not, file an appropriate motion. Petitioner did not object.
As discussed during the conference call and agreed to by the parties, it is hereby
ORDERED that this case is stricken from the March 6, 2023, Atlanta, Georgia, trial session, and the parties are excused from appearing at the calendar call on March 6, 2023. It is further
ORDERED that, on or before April 5, 2023, the parties shall file with the Court either a joint report (or, if that is not expedient, then separate reports) describing the status of the case or any appropriate motion. It is further
ORDERED that jurisdiction of this case is retained by the undersigned judge.