Opinion
8605-23S
12-06-2023
AUSTIN L. ALDERDICE & KATHRYN R. ALDERDICE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Zachary S. Fried, Special Trial Judge.
On December 5, 2023, the parties filed in the above-docketed matter a Proposed Stipulated Decision for the Court's consideration. The document determines that "there is no penalty due from the petitioners for the taxable year 2020 under the provisions of I.R.C. § 6662(b)(1) and § 6662(d)." However, the notice of deficiency upon which this case is based determined that petitioners are liable for an accuracy-related penalty on the ground of a substantial understatement of tax (rather than negligence, as the parties' Proposed Stipulated Decision indicates by reference to I.R.C. section 6662(b)(1)). Compare I.R.C. § 6662(b)(2), (d), with I.R.C. § 6662(b)(1). Moreover, it does not appear that the Answer asserts negligence as a ground for the accuracy-related penalty at issue in this case.
Accordingly, it does not appear that petitioners' liability, if any, for an accuracy-related penalty on the ground of negligence under I.R.C. section 6662(b)(1) is before the Court. Consequently, the Court is unable to process the parties' Proposed Stipulated Decision.
Upon due consideration and for cause, it is
ORDERED that the Proposed Stipulated Decision, filed December 5, 2023, at Docket Index No. 11, is hereby deemed stricken from the Court's record in this case. It is further
ORDERED that, on or before December 22, 2023, the parties shall file a revised Proposed Stipulated Decision for the Court's consideration.