Opinion
7307-19
03-24-2022
SAND INVESTMENT CO., LLC, INLAND CAPITAL MANAGEMENT, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber, Judge
On December 1, 2021, respondent filed a Motion for Partial Summary Judgment. On January 28, 2022, petitioner objected to respondent's Motion and filed a Cross-Motion for Partial Summary Judgment. We directed respondent to file a response to petitioner's Cross-Motion by April 4, 2022. On March 21, 2022, respondent filed a document in the DAWSON system captioned as a "Motion to Extend Time to Move or File Answer" that requested until May 4, 2022, to file his response. We will direct the Clerk to recharacterize the document as a Motion for Extension of Time.
On February 15, 2022, petitioner filed a Motion to Compel the Taking of Deposition of Stein Agee. Mr. Agee opposed the granting of the Motion to Compel on March 18, 2022, contending that a deposition in this case "would interfere with the ongoing criminal investigation and criminal proceedings." Respondent opposed the granting of the Motion on March 21, 2022.
On March 10, 2022, respondent filed a Motion to Stay Proceedings pending resolution of related criminal proceedings. Petitioner filed a notice of no objection to the Motion to Stay Proceedings on March 23, 2022.
On March 23, 2022, the parties also filed a joint status report, requesting that the Court: (1) grant the Motion to Stay Proceedings; (2) hold the Cross-Motions for Partial Summary Judgment in abeyance pending resolution of the related criminal proceedings; and (3) deny the Motion to Compel without prejudice. We agree with the parties' requests. Accordingly, and after due consideration, it is
ORDERED that respondent's Motion to Stay Proceedings, filed March 10, 2022, is granted and all proceedings are stayed pending resolution of related criminal 1 proceedings. It is further
ORDERED that respondent's Motion for Partial Summary Judgment, filed December 1, 2021, and petitioner's Motion for Partial Summary Judgment, filed January 28, 2022, are hereby held in abeyance pending resolution of related criminal proceedings. It is further
ORDERED that the Clerk of the Court shall recharacterize respondent's Motion to Extend Time to Move or File Answer, filed March 21, 2022, as a Motion for Extension of Time. It is further
ORDERED that respondent's Motion for Extension of Time, filed March 21, 2022, is granted in that the time within which respondent shall file his response to petitioner's Cross-Motion for Partial Summary Judgment is extended to thirty days following the entry of an order lifting the stay. It is further
ORDERED that petitioner's Motion to Compel the Taking of Deposition, filed February 15, 2022, is denied without prejudice. It is further
ORDERED that although all proceedings are stayed, the parties shall file with the Court, on or before September 23, 2022, and every six months thereafter, a joint status report detailing the then-present status of the case. It is further
ORDERED that, in addition to regular service, the Clerk shall serve a copy of this Order on counsel for Stein Agee as follows:
Richard A. Pelak Culp Elliott & Carpenter, P.L.L.C. 6801 Morrison Boulevard, Suite 400 Charlotte, North Carolina 282112