Opinion
35798-21S
03-24-2022
Gregory D. Walker & Janet A. Torsney Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley Chief Judge
On February 23, 2022, the Court issued in the above-docketed matter an Order To Show Cause directing petitioners to show cause why the Court should not issue an Order directing that the small tax case designation be removed in this case. Thereafter, on March 7, 2022, petitioners filed a response to the Order To Show Cause.
In that response, petitioners reaffirm their claim that this proceeding should continue as a small tax case. As the basis for this stance, the response clarifies the position intimated in the petition, i.e., that petitioners challenge only the $1,279 accuracy-related penalty. As such, the penalty does not exceed the $50,000 limit applicable to small tax cases pursuant to section 7463 of the Internal Revenue Code (I.R.C.). Thus, this matter may proceed as an "S" case.
The premises considered, it is
ORDERED that the Court's Order To Show Cause, dated February 23, 2022, is discharged. 1