From Casetext: Smarter Legal Research

Emmons v. Comm'r of Internal Revenue

United States Tax Court
Aug 23, 2021
No. 6680-20 (U.S.T.C. Aug. 23, 2021)

Opinion

6680-20

08-23-2021

Embley D. Emmons, II & Nelda R. Emmons Petitioners v. Commissioner of Internal Revenue Respondent


ORDER OF DISMISSAL AND DECISION

Christian N. Weiler Judge

This case is calendared for trial on the Court's December 13, 2021, Jacksonville, Florida remote trial session. On August 9, 2021, respondent filed a Motion to Dismiss for Lack of Prosecution. The motion states that Embley D. Emmons, II, passed away on November 5, 2020, which date is subsequent to the filing of the petition in this case. Respondent also states that Embley D. Emmons, II, deceased, is survived only by his spouse, petitioner Nelda R. Emmons, and that Nelda R. Emmons does not object to the granting of the motion. Also on August 9, 2021, petitioner Nelda R. Emmons and respondent filed a Stipulation of Settled Issues.

Upon due consideration, it is

ORDERED that respondent's Motion to Dismiss for Lack of Prosecution is granted in that this case is dismissed for lack of prosecution as to Embley D. Emmons, II, deceased. It is further

ORDERED that this case is stricken for trial from the Court's December 13, 2021, Jacksonville, Florida remote trial session. It is further

ORDERED that the Clerk of the Court shall update petitioner Nelda R. Emmons' address of record to the address contained in respondent's Motion to Dismiss for Lack of Prosecution, filed August 9, 2021. It is further

ORDERED AND DECIDED that petitioners are not liable for an income tax deficiency for the 2017 tax year;

That petitioners are not liable for an accuracy-related penalty under I.R.C. section 6662 for the 2017 tax year; and

That petitioners are not liable for a delinquency addition to tax under I.R.C. section 6651(a) for the 2017 tax year.


Summaries of

Emmons v. Comm'r of Internal Revenue

United States Tax Court
Aug 23, 2021
No. 6680-20 (U.S.T.C. Aug. 23, 2021)
Case details for

Emmons v. Comm'r of Internal Revenue

Case Details

Full title:Embley D. Emmons, II & Nelda R. Emmons Petitioners v. Commissioner of…

Court:United States Tax Court

Date published: Aug 23, 2021

Citations

No. 6680-20 (U.S.T.C. Aug. 23, 2021)