Opinion
32772-21
02-14-2023
OLUWABAMISE JEGEDE & DIANNE SANTIAGO, DECEASED, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Emin Toro Judge
This case was calendared for trial during the Court's December 5, 2022, New York, New York, trial session. On November 28, 2022, respondent filed a Status Report (Doc. 8) informing the Court that the parties had reached a basis of settlement. By Order served November 30, 2022, among other things, the case was stricken from the December 5, 2022, New York, New York, trial session and the undersigned judge retained jurisdiction.
On January 26, 2023, respondent filed a Motion to Dismiss for Lack of Prosecution as to petitioner Dianne Santiago, who died after filing the Petition (Doc. 10). By Order served February 2, 2023, among other things, the Court granted respondent's Motion and directed respondent and petitioner Oluwabamise Jegede to file either a stipulation of settled issues or a joint report describing the status of the case on or before March 3, 2023.
On February 9, 2023, respondent and petitioner Oluwabamise Jegede filed a Stipulation of Settled Issues (Doc. 13) that addresses all the issues in the Notice of Deficiency. Upon due consideration, it is hereby
ORDERED AND DECIDED that there is no deficiency due from petitioners nor overpayment due to petitioners for the taxable years 2018; and
That there is no penalty due from petitioners for the taxable year 2018 under the provisions of I.R.C. § 6662(a).