-2- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011