Opinion
8144-23
07-19-2023
GEORGE A. WILHELM & JACQUELINE S. WILHELM, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge.
On July 14, 2023, the Court received and filed a letter by petitioner Jacqueline S. Wilhelm. The letter advises that petitioners have resolved their dispute with the Internal Revenue Service over the underlying tax liability in this case and requests that the Court withdraw the Petition.
In a deficiency action, we are generally required to enter a decision specifying the amount of the deficiency, if any, for the taxable year at issue. See I.R.C. § 7459(d); Estate of Ming v. Commissioner, 62 T.C. 519 (1974). We are therefore unable to grant the relief that petitioners seek. However, in view of petitioners' request, and the fact that the dispute over the underlying tax liability in this case appears to have been resolved, we will take action as set forth below.
In consideration of the foregoing, it is
ORDERED that the above-referenced letter is recharacterized as petitioners' Motion for Entry of Decision. It is further
ORDERED that, on or before August 21, 2023, either (1) respondent shall file a response to petitioners' Motion for Entry of Decision or (2) the parties shall file a proposed stipulated decision for the Court's consideration.