Opinion
19631-21S
03-01-2022
Regis P. Fay & Catherine M. Fay Petitioners v. Commissioner of Internal Revenue Respondent
ORDER OF DISMISSAL AND DECISION
Maurice B. Foley Chief Judge.
Respondent on February 10, 2022, filed in the above-docketed case a Motion To Dismiss for Lack of Prosecution as to petitioner Regis P. Fay, in which respondent moves the Court to enter a decision with respect to Regis P. Fay in the amount and for the year set forth therein, i.e., 2018. On February 28, 2022, respondent further filed a First Supplement to his motion to dismiss as to Regis P. Fay. On February 28, 2022, petitioner Catherine M. Fay and counsel for respondent filed a Stipulation of Settlement agreeing there is no liability in tax for Mrs. Fay for 2018 which is identical to the amount of the liability for 2018 requested for decision with respect to petitioner Regis P. Fay. Respondent advises in the motion to dismiss, as supplemented, and attaches supporting documentation, that petitioner Regis P. Fay died after the filing of the petition in this case and that no fiduciary has been authorized to act on behalf of his estate. The motion further sets forth that Catherine M. Fay is the only ascertainable heir at law of Regis P. Fay. The premises considered, it is
ORDERED that respondent's Motion To Dismiss for Lack of Prosecution as to petitioner Regis P. Fay, as supplemented, is granted in that this case is dismissed for lack of prosecution as to Regis P. Fay. It is further
ORDERED and DECIDED that there is no deficiency in income tax due from petitioners for the taxable year 2018; and
That there no penalty under I.R.C. section 6662(a) due from petitioners for the taxable year 2018.