Opinion
19969-21S
10-20-2021
Norman Paul Smith & Jean Marie Smith, Petitioners v. Commissioner of Internal Revenue, Respondent
ORDER
Maurice B. Foley, Chief Judge
On September 20, 2021, the Court received from petitioners a document, which was filed as a Motion for Entry of Decision. In the motion, petitioners explain that this matter has been resolved with the IRS and they request dismissal of this case.
The Tax Court is separate and independent from the IRS. In a deficiency case where the Court has jurisdiction, Internal Revenue Code section 7459(d) generally requires the Court to enter a decision as to the amount of the deficiency, if any. Settles v. Commissioner, 138 T.C. 372, 374 (2012). Because this case is based on a notice of deficiency, the Court is required by the just-referenced statute to enter a decision and, accordingly, the petition in this case may not be withdrawn or dismissed by petitioners. However, in these circumstances, it is appropriate for the parties to submit proposed stipulated decision documents for the Court's consideration.
Upon due consideration, it is
ORDERED that at a reasonable time, but no later than November 30, 2021, the parties shall confer and file either (1) proposed stipulated decision documents so this case may be concluded, or (2) written reports (preferably joint) with the Court concerning the then-current status of this case.