Opinion
33234-21
04-04-2024
SANDHILL LAND COMPANY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler, Judge.
This case was calendared for trial on June 12, 2023, during the Little Rock, Arkansas, trial session of the Court. On May 25, 2023, petitioner filed a Motion for Continuance asking that the Court remove the case from the trial session to allow the parties to submit the case fully stipulated or to resolve the case on cross-motions for summary judgment. We granted petitioner's Motion for Continuance on May 30, 2023.
On January 3, 2024, petitioner filed a Motion for Summary Judgment, along with a memorandum and affidavit in support thereof, seeking summary adjudication of all issues in its favor. On February 5, 2024, respondent filed a Motion for Leave to File First Amendment to Answer, in which he seeks to Amend his Answer for purposes of raising collateral estoppel as an affirmative defense in this case on the basis of the Court's memorandum opinion in Conmac Investments Inc. v. Commissioner, T.C. Memo. 2023-40, which, according to respondent, involve issues and facts that are substantially similar to the ones present in this case. On February 6, 2024, respondent filed a Cross-Motion for Summary Judgment, along with a memorandum in support thereof, which was filed on February 5, 2024. The above-referenced motions are currently pending before the Court.
On March 19, 2024, petitioner informed the Court that Conmac Investments Inc. is currently on appeal in the U.S. Court of Appeals for the Eighth Circuit. On March 27, 2024, a conference call was held with the parties, during which petitioner made an Oral Motion to Stay Proceedings pending the Eighth Circuit's decision. Respondent did not object to petitioner's oral motion.
Upon due consideration of the foregoing, it is
ORDERED that on the Court's own motion, this case is stayed pending a decision by the United States Court of Appeals for the Eight Circuit in Conmac Investments Inc. Tax Court Docket No. 2207-08. It is further
ORDERED that the parties are free to file a motion seeking to lift the stay, in full or in part, at any time and the Court will act upon the motion for good cause shown. It is further
ORDERED that petitioner's Motion for Summary Judgment, filed January 3, 2024, is held in abeyance. It is further
ORDERED that respondent's Motion for Leave to File First Amendment to Answer, filed February 5, 2024, is held in abeyance. It is further
ORDERED that respondent's Motion for Partial Summary Judgment, filed February 6, 2024, is held in abeyance. It is further
ORDERED that on or before October 9, 2024 the parties shall file a joint Status Report (or separate, if preferred) outlining the then-present status of this case, and subsequent joint status reports from the parties shall be due each six months thereafter, or upon the Eighth Circuit having entered a decision in Conmac Investments Inc., whichever earlier.