-17- Following the remands, these cases were assigned to Judge Harry A. Haines, a Judge who was not involved in the prior proceedings in these cases.10 II. Amendment to Rule 183 In response to the Supreme Court’s holding in Ballard v. Commissioner, 544 U.S. 40 (2005), the Court amended Rule 183 to provide a procedure for service on the parties of a Special Trial Judge’s recommended findings of fact and conclusions of law and the filing of objections and responses. The pertinent portions of new Rule 183 state as follows: (c) Objections: Within 45 days after the service of the recommended findings of fact and conclusions of law, a party may serve and file specific, written objections to the recommended findings of fact and conclusions of law. A party may respond to another party’s objections within 30 days after being served with a copy thereof. The above time periods may be extended by the Special Trial Judge. After the time for objections and responses has passed, the Chief Judge shall assign the case to a Judge for preparation of a report in accordance with Code section 7460. 9(...continued) that case, i.e., that there is no deficiency and no addition to tax due from the Lisles for the taxable year 1984, was entered Nov. 20, 2003, and is otherwise final. See secs. 7481(a)(1), 7483. Although the Clerk of the Court notified the Court of Appeals for the Fifth Circuit of this discrepancy, the Court has received no further instruction from the Court of Appeals on this point. Under the circumstances, the Court will assume that docket No. 20219-91 was included in the Court of Appeals’ mandate as the result of an inadvertent clerical error and docket No. 20219-91 shall remain closed. 10 Judges Mary Ann Cohen and Howard A. Dawson, Jr., and Special Trial Judge D. Irvin Couvillion have taken no part in the review of these cases on remand. See Ballard v. Commissioner, 429 F.3d at 1032 n.7.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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