Opinion
10198-20
12-06-2021
Christopher Ward Fuentes, Petitioner v. Commissioner of Internal Revenue, Respondent
ORDER AND DECISION
Albert G. Lauber Judge
This case was calendared on the Court's November 29, 2021, San Francisco, California, trial session. On October 27, 2021, respondent filed a Motion for Entry of Decision. Respondent represented that the parties had settled this case, that he mailed petitioner a proposed decision document reflecting the terms of the settlement, and that petitioner returned a signed copy of the decision document by email. Because petitioner had not returned a physical copy of the document, respondent moved for entry of decision.
On November 1, 2021, we ordered petitioner to file, by November 25, 2021, a response to the Motion for Entry of Decision. We advised petitioner that if he did not respond or appear for trial, the Court would grant respondent's Motion and enter the decision attached to the Motion. Petitioner did not respond by November 25 or subsequently, and he did not appear for trial on November 29.
Upon due consideration, it is
ORDERED that respondent's Motion for Entry of Decision, filed October 27, 2021, is granted. It is further
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioner for the 2016 tax year in the amount of $56,930.00;
There is an addition to tax due from petitioner for the 2016 tax year, under the provisions of I.R.C. § 6651(a)(1), in the amount of $4,966.87;
There is an addition to tax due from petitioner for the 2016 tax year, under the provisions of I.R.C. § 6651(a)(2), of 0.5% of the amount of the income tax required to be shown on the return, $56,930.00, commencing on the due date of petitioner's return and accruing for each month or fraction thereof during which petitioner fails to pay, not exceeding 25% in the aggregate; and
There is an addition to tax due from petitioner for the 2016 tax year, under the provisions of I.R.C. § 6654, in the amount of $435.11.