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Skellington v. Comm'r of Internal Revenue

United States Tax Court
Apr 3, 2024
No. 13102-20L (U.S.T.C. Apr. 3, 2024)

Opinion

13102-20L

04-03-2024

BENJAMIN H. SKELLINGTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL

Ronald L. Buch, Judge

Three motions are pending before the Court. On May 12, 2023, the Commissioner filed a Motion for Summary Judgment arguing that he was entitled to judgment as a matter of law. A few days later, on May 22, 2023, the Commissioner filed a Motion to Dismiss on Grounds of Mootness (which he later supplemented) arguing that this case is moot because the liabilities had been paid. The Court did not act on the motions because the parties were continuing to resolve disputed issues. Then on April 2, 2024, Mr. Skellington filed Motion to Dismiss, asking to voluntarily dismiss his case. In Wagner v. Commissioner, 118 T.C. 330 (2002), the Court held that a lien or levy case may be dismissed upon motion by the petitioner. Accordingly, it is

ORDERED that the Commissioner's Motion for Summary Judgment filed May 12, 2023, is denied as moot. It is further

ORDERED that the Commissioner's Motion to Dismiss on Grounds of Mootness filed May 22, 2023 (as supplemented) is denied as moot. It is further

ORDERED that Mr. Skellington's Motion to Dismiss filed April 2, 2024, is granted and this case is dismissed.


Summaries of

Skellington v. Comm'r of Internal Revenue

United States Tax Court
Apr 3, 2024
No. 13102-20L (U.S.T.C. Apr. 3, 2024)
Case details for

Skellington v. Comm'r of Internal Revenue

Case Details

Full title:BENJAMIN H. SKELLINGTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Tax Court

Date published: Apr 3, 2024

Citations

No. 13102-20L (U.S.T.C. Apr. 3, 2024)