Monterubio v. Comm'r of Internal Revenue

Full title: CHRISTOPHER MONTERUBIO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court: United States Tax Court

Date published: Mar 10, 2023

No. 4501-20 (U.S.T.C. Mar. 10, 2023)

Opinion

4501-20

03-10-2023

CHRISTOPHER MONTERUBIO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Elizabeth Crewson Paris, Judge

ORDER

Elizabeth Crewson Paris, Judge

By Order dated January 23, 2023, docket entry 29, the Court directed the parties, on or before February 21, 2023, to submit a Proposed Stipulated Decision document or file Joint Status Reports with the Court as to the then-present status of this case.

On March 6, 2023, docket entry 31, respondent filed with the Court a Motion for Leave to File Out of Time a Status Report and lodged with it the current Status Report, docket entry 32. The report had been delayed as petitioner was seeking representation.

Respondent's lodged Status Report, docket entry 32, is a duplicate entry of respondent's Status Report at docket entry 30 which was filed before the Motion for Leave. Therefore, the Court will strike respondent's Status Report, filed March 6, 2023, docket entry 30, and file respondent's Status Report, lodged on March 6, 2023, at docket entry 32, as of the date of this Order.

The Status Report at docket entry 32, indicates that petitioner has communicated that he was not eligible for assistance based on each tax clinic's income limitations. Respondent sent a letter to petitioner inviting him to participate in the pro bono virtual settlement week scheduled for March 22-24, 2023. Respondent therefore respectfully requests that the Court grant the parties an additional sixty (60) days in which to either file a proposed Stipulated Decision in this case, or a Report as to the then-present status of this case.

After due consideration, and for cause, it is

ORDERED that respondent's Status Report, filed March 6, 2023, docket entry 30, is stricken from the Court's record in this case. It is further

ORDERED that respondent's Status Report, lodged March 6, 2023, docket entry 32, is filed as of the date of the Order. It is further

ORDERED that, on or before May 8, 2023, the parties shall submit a Proposed Stipulated Decision document or file Joint Status Reports with the Court as to the then-present status of this case.