Opinion
22318-19
03-07-2022
Estate of Sim Riley, Deceased & Barbara Riley Petitioners v. Commissioner of Internal Revenue Respondent
ORDER AND DECISION
Emin Toro Judge
This case is calendared for trial during the Court's April 4, 2022, San Francisco, California, trial session.
On July 13, 2021, respondent filed an unopposed Motion to Dismiss for Lack of Prosecution as to Sim Riley. In the motion, respondent moved the Court to dismiss the case as to petitioner Sim Riley and find in its order that there is a deficiency in income tax of $4,849 for the taxable year 2017 and that there is no penalty due from petitioner Sim Riley for the taxable year 2017.
On February 25, 2022, petitioner Barbara Riley and respondent filed a Stipulation of Settlement in which they agree that "there is a deficiency in income tax due from petitioners in the amount of $4,849 for the taxable year 2017" and that "there is no penalty due from petitioners from the taxable year[] 2017, under the provisions of I.R.C. § 6662(a)."
In view of the foregoing, it is hereby
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioners in the amount of $4,849 for the taxable year 2017; and
That there is no penalty due from petitioners for the taxable year 2017 under the provisions of I.R.C. § 6662(a).