Opinion
9254-19
03-26-2024
MONTGOMERY-ALABAMA RIVER, LLC, PARKWAY SOUTH, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber Judge.
Petitioner Parkway South, LLC, is the tax matters partner (TMP) of Montgomery-Alabama River, LLC (Partnership). On March 12, 2024, respondent filed, at docket entry #135, a Motion for Entry of Decision (Motion) in which he represents that the parties have reached a basis for settlement of the partnership items of the Partnership for the taxable year ending December 31, 2014, the tax period at issue. Respondent represents that petitioner agrees with the proposed decision. However, the TMP does not "certify that no nonparticipating partner would object to the granting of the Motion."
By Order served March 14, 2024, we directed any party who objects to the granting of respondent's Motion to file, on or before May 13, 2024, "(1) a motion for leave to file a notice of election to participate out of time and (2) a notice of election to participate." See Tax Court Rule 248(b) (requiring 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 in a proceeding and object to entry of proposed decision).
On March 22, 2024, respondent filed, at docket entry #137, a new Motion for Entry of Decision, to which petitioner does not object. In that document, respondent represents that the proposed decision document attached to his original Motion failed to include several terms to which the parties agreed in their settlement. He attached to the new Motion a corrected version of the proposed decision document.
Upon due consideration and for cause, it is
ORDERED that respondent's Motion for Entry of Decision, filed March 12, 2024, at docket entry #135, is hereby stricken from the record of this case. It is further
ORDERED that the deadline is extended to June 24, 2024, for any party who objects to the granting of respondent's Motion to 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.