Opinion
11374-22
07-20-2023
JOHN FAULK, DECEASED & MICHELLE FAULK, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER OF DISMISSAL AND DECISION
Tamara W. Ashford Judge
This case is currently calendared for trial at the Session of the Court commencing on September 25, 2023, in Winston-Salem, North Carolina. On July 19, 2023, respondent filed an unopposed Motion to Dismiss for Lack of Prosecution, requesting that this case be dismissed as to petitioner John Faulk, deceased. In the motion, respondent states that (1) Mr. Faulk passed away on July 30, 2022 (which was after the Petition in this case was filed); (2) no representative or fiduciary is currently authorized to act on behalf of the Estate of John Faulk, deceased; and (3) at present, the only ascertainable heirs at law of Mr. Faulk are petitioner Michelle Faulk and petitioners' two minor children. Respondent further states that no issues have been raised in this case upon which the burden of proof is on respondent; however, respondent has conceded the deficiency set forth in the notice of deficiency dated April 11, 2022, that was issued to petitioners.
Additionally, on July 19, 2023, respondent and Mrs. Faulk filed a Stipulation of Settlement, wherein they stipulate that there is no deficiency in income tax due from, nor overpayment due to, Mrs. Faulk for the 2019 taxable year (the year at issue); they consider the Stipulation of Settlement to resolve all issues in this case and to be a binding settlement. Upon due consideration and for cause, it is hereby
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed July 19, 2023, is granted, and this case is dismissed as to petitioner John Faulk, deceased. It is further
ORDERED and DECIDED that there is no deficiency in income tax due from petitioner John Faulk, deceased, for the 2019 taxable year. It is further
ORDERED and DECIDED that there is no deficiency in income tax due from, nor overpayment due to, petitioner Michelle Faulk for the 2019 taxable year.