Opinion
TC-MD 170111N
07-21-2017
ROBERT N. SAGE and MARIA E. SAGE, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
This Final Decision incorporates without change the court's Decision, entered July 3, 2017. The court did not receive a statement of costs and disbursements within 14 days after its Decision was entered. See Tax Court Rule-Magistrate Division (TCR-MD) 16 C(1).
ALLISON R. BOOMER MAGISTRATE.
This matter came before the court on the agreement of the parties reported at a case management conference held on June 13, 2017, and on Defendant's letter, filed June 21, 2017, denying Plaintiffs' request to waive the substantial understatement of income (SUI) penalty.
At the conference, the parties agreed that the Notice of Assessment, dated December 1, 2016, for the 2013 tax year should be revised to reflect a tax due of $3, 770, which is a reduction of $388. The parties further agreed that the SUI penalty would be reduced by $78 from $832 to $754.
The parties agreed that Plaintiffs would submit a letter requesting waiver of the SUI penalty under ORS 314.402(6). Defendant agreed to file its determination with the court. Plaintiffs agreed to submit a response to Defendant's determination.
By letter dated June 21, 2017, Defendant denied Plaintiffs' waiver request. Plaintiffs did not file a response to that denial within the time allowed. Because the parties are in agreement with respect to the issue appealed, this case is ready for decision. Now, therefore, IT IS THE DECISION OF THIS COURT that, as agreed by the parties, Defendant will revise its Notice of Assessment, dated December 1, 2016, for the 2013 tax year, to reflect a tax due of $3, 770 and reduce the substantial understatement of income (SUI) penalty to $754.
Plaintiffs did not request that the court review the penalty waiver denial.