Opinion
3378-23
03-11-2024
GEORGE J. SMITH & SHEILA ANN SMITH, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Ronald L. Buch, Judge
On March 7, 2024, the Commissioner filed a Motion for Summary Judgment and an accompanying Memorandum in Support. Rule 121(d) provides,
When a motion for summary judgment is made and supported as set forth in this Rule, the nonmovant may not rest on the allegations or denials in that party's pleading. The nonmovant must respond, setting forth specific facts and supporting those facts as required by Rule 121(c), to show that there is a genuine dispute of fact for trial.
We will provide the Smiths with an opportunity to respond. We caution the Smiths, however, that if it appears to the Tax Court that this proceeding was instituted or maintained by them primarily for delay or that their position in this proceeding is frivolous or groundless, the Court may impose a penalty of up to $25,000.
It is
ORDERED that, by March 29, 2024, petitioners shall file a response to the Commissioner's Motion for Summary Judgment.