Opinion
8792-20
07-24-2023
DONALD W. THOMPSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber, Judge
This case, calendared for a special trial session in Atlanta, Georgia, beginning August 28, 2023, involves a charitable contribution deduction claimed by petitioner for a conservation easement in 2013, which generated carryover deductions on his 2016-2018 tax returns. The Internal Revenue Service disallowed the carryover deductions and determined penalties under I.R.C. § 6662. The primary issues are whether petitioner satisfied the requirements for a charitable contribution deduction, including proper valuation of the easement, and whether penalties apply.
On July 17, 2023, petitioner filed a status report in which he represents that a trial is no longer necessary because the parties reached a settlement at the IRS Office of Independent Appeals that resolves all issues raised in the notice of deficiency. Respondent agrees with that representation. However, a question has arisen during the examination of petitioner's 2019 return as to whether a particular deduction should be claimed for that year or (instead) for one of the years at issue in this case. How this question is resolved may affect the tax computations for one or more of the years currently before the Court.
On July 20, 2023, the undersigned convened a teleconference with the parties in which they expressed their intention to resolve this question as part of the settlement to which they have agreed. Because the parties have reached a settlement, we will cancel the trial and deny as moot respondent's pending Motion for Partial Summary Judgment.
In consideration of the foregoing, it is
ORDERED that the Court's special trial session scheduled to begin August 28, 2023, in Atlanta, Georgia, is hereby canceled. It is further
ORDERED that respondent's Motion for Partial Summary Judgment, filed March 21, 2023, is denied as moot. It is further
ORDERED that, on or before October 23, 2023, the parties shall submit decision documents or file a status report detailing the then-present status of the case.
This Order constitutes official notice of its contents to the parties.