Opinion
20931-21
02-07-2023
ORDER AND DECISION
Alina I. Marshall, Judge.
This case is calendared for an in-person trial at the session of the Court scheduled to commence on February 13, 2023, in Baltimore, Maryland.
On January 17, 2023, respondent filed a motion for entry decision representing therein that the parties have reached a basis of settlement in this case and that petitioner has no objection to the granting of respondent's motion.
Accordingly, it is
ORDERED that respondent's motion for entry of decision filed January 17, 2023, is granted. It is further
ORDERED AND DECIDED that there is no deficiency in income tax due from petitioner for the taxable year 2018;
That there is an overpayment in income tax for the taxable year 2018 in the amount of $7,901.04, which amount was paid on April 15, 2021, and for which amount a claim for refund could have been filed, under the provisions of section 6511(b)(2), on June 14, 2021, the date of the mailing of the notice of deficiency upon which this case is based;
Unless otherwise indicated, all statutory references are to the Internal Revenue Code, Title 26 U.S.C., in effect at all relevant times.
That there is no penalty due from petitioner for the taxable year 2018, under the provisions of section 6662(b)(2).