Thomas J. & Gisella Sabath - Page 2

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          their petition that their underlying tax liability for those                
          years was different from that shown as due in respondent’s                  
          records, respondent alleged in his answer that this Court was               
          without jurisdiction to determine petitioners’ underlying tax               
          liability for any of those years because petitioners had the                
          opportunity to dispute the liability in their previous bankruptcy           
          case.                                                                       
               Subsequent to the filing of the petition, Gisella Sabath               
          (decedent) died.  Thereafter, Thomas J. Sabath (petitioner in the           
          singular) and respondent moved the Court to dismiss this case,              
          insofar as it pertains to decedent, for lack of prosecution.2               
          Petitioner and respondent also filed with the Court a stipulation           
          asking that we enter a decision that includes a statement as to             
          the amount of petitioner’s unpaid income tax for each of the                
          subject years.  We ordered petitioner and respondent to show                
          cause why the Court may enter a decision against petitioner that            
          includes a finding of his underlying tax liability.  We referred            
          them to Kendricks v. Commissioner, 124 T.C. 69 (2005), where we             


               1(...continued)                                                        
          applicable versions of the Internal Revenue Code.                           
               2 In this motion, petitioner and respondent have represented           
          to the Court that no one is currently authorized to act on behalf           
          of decedent’s estate, that decedent had three “heirs at law”, and           
          that the names and addresses of those heirs were as stated in the           
          motion.  Pursuant to Nordstrom v. Commissioner, 50 T.C. 30                  
          (1968), we shall notify those heirs of this action before                   
          deciding the motion to dismiss as to decedent.                              




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