Opinion
4644-23
01-12-2024
THOMAS HARGEST, JR. & H. LAN HARGEST, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Courtney D. Jones Judge
This case is on the calendar of the Court's March 18, 2024, trial session in Philadelphia, Pennsylvania. On January 11, 2024, the parties filed a Proposed Stipulated Decision and Settlement Stipulation (Docs. 9, 10). The Proposed Stipulated Decision bears the incorrect docket number and an error in the caption.
Upon due consideration, it is
ORDERED that the parties' Proposed Stipulated Decision (Doc. 10) is retitled "Stipulation of Settled Issues". It is further
ORDERED AND DECIDED: That there is a deficiency in income tax due from petitioners in the amount of $10,060.00, for taxable year 2019. That there is an overpayment of income tax due to petitioners for taxable year 2019 in the amount of $1,482.00, which amount was paid or credited on April 15, 2020, and for which amount a claim for refund was filed on April 30, 2020, which was within the period provided by I.R.C. § 6512(b)(3)(C) and which claim had not been disallowed before January 3, 2023, the date of the mailing of the notice of deficiency; and
That there is no penalty due from the petitioners for the taxable year 2019 under the provisions of I.R.C. §6662(a).