Opinion
6630-23S
01-08-2024
PEDRO ROJAS CRUZ, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan Chief Judge
On January 2, 2024, the parties filed a Settlement Stipulation and Proposed Stipulated Decision. Because the Proposed Stipulated Decision includes an erroneous reference to petitioner in the plural sense, the Court is unable to enter it. Nevertheless, the agreement of the parties in this case is clear to the Court.
In view of the foregoing, to give effect to the agreement of the parties, and for cause, it is
ORDERED that the parties' Proposed Stipulated Decision is recharacterized as the parties' Stipulation of Settlement. Taking into account the basis for settlement reached between the parties, as reflected in that document, and incorporating herein the facts stipulated by the parties as the findings of the Court, it is further
ORDERED AND DECIDED that there is no deficiency in income tax due from petitioner for the taxable year 2021, and that there is an overpayment in income tax for the taxable year 2021 in the amount of $14,238.00, which amount was paid on April 15, 2022, and for which amount a claim for refund was filed on April 15, 2022, which was within the period provided by I.R.C. section 6511(b)(2), and which claim had not been disallowed before the mailing date of the notice of deficiency; and
That there is no penalty due from petitioner for the taxable year 2021 under the provisions of I.R.C. section 6662(a).