Opinion
12367-23S
09-27-2024
CARLO W. BATTS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Peter J. Panuthos, Special Trial Judge
On May 3, 2024, a signed Stipulated Decision was entered in this case stating that there was a deficiency in income tax due from petitioner in the amount of $3,915.00 for taxable year 2020, and no penalty due from petitioner for taxable year 2020, under the provisions of I.R.C. § 6662(a). It further stated that petitioner waived the restrictions contained (plus statutory interest) until the decision of the Tax Court became final.
On June 2, 2024, petitioner filed with the Court a Motion to Vacate Decision, stating that petitioner's counsel had failed to inform him of the terms of the Stipulated Decision before signing on his behalf. The Motion to Vacate also stated that petitioner has proof of business expenses that were not previously presented to the Court, and that the motion has been filed in a timely manner.
This case was called for a remote hearing in Washington, D.C. on September 25, 2024. Petitioner, petitioner's counsel, and respondent's counsel appeared and were heard. Upon due consideration and for cause more fully appearing in the transcript of the proceeding, it is
ORDERED that the Motion to Vacate, filed June 2, 2024, is granted, and the above-referenced Stipulated Decision (Index No. 10) is vacated and set aside.