Opinion
10176-22
09-08-2023
ADRIAN CHAVEZ, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan, Chief Judge.
On September 5, 2023, the parties filed a Proposed Stipulated Decision for the Court's consideration. However, upon review thereof, the Court notes that the proposed decision document improperly refers to the I.R.C. section 6651(a)(1) addition to tax determined in the notice of deficiency as a "penalty." Consequently, the Court is unable to process the parties' Proposed Stipulated Decision.
In view of the foregoing, to give effect to the agreement of the parties in this case, and for cause, it is
ORDERED that the parties' Proposed Stipulated Decision is recharacterized as the parties' Settlement Stipulation. Taking into account the basis for settlement reached between the parties, as reflected in that document, it is further
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioner for each of taxable years 2017 and 2018 in the amount of $36,451 and $78,000, respectively; and
That there is a penalty due from petitioner under I.R.C. section 6662 for each of taxable years 2017 and 2018 in the amount of $4,715 and $5,328, respectively; and
That there is an addition to tax due from petitioner under I.R.C. section 6651(a)(1) for taxable year 2017 in the amount of $9,098.