Opinion
12259-21S
10-31-2022
WILLIAM I. BARTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
PETER J. PANUTHOS SPECIAL TRIAL JUDGE
When this case was called for trial and recalled on September 26, 2022 at Washington, D.C., the parties appeared advised the Court that they had reached a basis of settlement. Respondent's counsel read into the record the basis of settlement. The terms of settlement read into the record were as follows:
The petitioner is liable for a deficiency in income tax for the taxable year 2017 in the amount of $3,695 and that's what the first page of the Decision will state. On the second page, there will be a reference that Petitioner is entitled to additional prepayment credits of $2,627 and that amount is not reflected in the Deficiency.
Further respondent advised the Court that there would be no penalty. When the Court asked petitioner whether he agreed with the settlement proposal petitioner responded "....I agree with that." Petitioner further agreed to sign a decision document consistent with the oral agreement read into the record.
On October 25, 2022, respondent filed a Motion for Entry of Decision. Respondent asserts that he sent a settlement document to petitioner on September 26, 2022. Petitioner responded seeking additional information with respect to interest computations. Respondent provided the computations and in response petitioner raised further objections and concerns to the settlement. Generally speaking, the Court will bind the parties to an oral settlement agreement on the record. The Court is unclear as to why petitioner has not executed settlement documents reflecting the settlement that the parties previously agreed to. As a further matter, counsel for respondent did not attach a copy of the stipulated decision to his motion, so the Court is unable at this juncture to determine whether the settlement document comports with the agreement read into the record.
Premises considered, it is hereby
ORDERED that respondent shall, on or before November 28, 2022, file with the Court a copy of the stipulated decision referred to in his motion. It is further
ORDERED that petitioner shall, on or before November 28, 2022, file an objection, if any, to respondent's motion. If an objection is filed, petitioner shall set forth with specificity how the stipulated decision does not comport with the settlement read into the record on September 26, 2022.
This Order constitutes official notice of its contents to the parties.