Opinion
17021-23
08-21-2024
TWALAVETTE ALBOYD, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan Chief Judge.
On August 20, 2024, the parties filed a Proposed Stipulated Decision and Settlement Stipulation. Because of typographical errors contained in the proposed decision document, the Court is unable to enter it. Nevertheless, the agreement of the parties, as reflected in these two filings, is clear to the Court.
Upon due consideration of the foregoing, to give effect to the agreement of the parties in this case, and for cause, it is
ORDERED that the parties' above-referenced 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 a deficiency in income tax due from petitioner for taxable year 2021 in the amount of $8,941.00, and that there is an overpayment in income tax in the amount of $2,225.00, which amount was paid on April 15, 2022, and for which amount a claim for refund could have been filed under the provisions of I.R.C. § 6511(b)(2) on October 6, 2023, the date of the mailing of the notice of deficiency; and
That there is no penalty under I.R.C. § 6676 due from petitioner for taxable year 2021.