Peter Milton Joseph and Ella Joseph, Deceased - Page 3

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          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.                                                                    




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