- 3 - presented petitioners’ case. Ella Joseph did not appear.1 References to petitioner are to Peter Milton Joseph. For taxable year 1999, petitioners filed a joint Federal income tax return, which included a Schedule A, Itemized Deductions. During the year in issue, petitioners were married and resided in Chicago, Illinois. On their jointly filed 1999 tax return, petitioners reported wage income of $60,236, interest income of $107, and taxable Social Security benefits of $9,399. Petitioners did not report any IRA distribution income on their jointly filed 1999 tax return. Petitioners reported adjusted gross income of $69,100, and claimed Schedule A itemized deductions in the amount of $60,603. Their 1999 income tax return reported a total tax in the amount of $36 and a refund amount of $140.46, after reducing their total tax by the amount of tax withheld, $176.46. 1Ella Joseph passed away on Oct. 23, 2004, after the filing of the petition in this case, but prior to trial. On Nov. 29, 2004, respondent filed a Motion to Dismiss for Lack of Prosecution, with respect to Ella Joseph, on the ground that there is no duly authorized representative or fiduciary to act on behalf of Ella Joseph, deceased. By the time of trial, the Motion to Dismiss for Lack of Prosecution had not been ruled upon by this Court. Further, the record in this case was held open for 30 days after trial to give petitioner an opportunity to provide letters testamentary or be appointed personal representative. The record was closed on Feb. 10, 2005. To date, petitioner has not provided us with proof that he (or anyone else) has been appointed personal representative. The case will be dismissed as to Ella Joseph, deceased, for lack of prosecution. The decision to be entered, with respect to her, will reflect the disposition of the issues considered in this opinion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011