Opinion
11170-21S
02-03-2023
SHELIA FAYE BRYANT & JAMES BRYANT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Peter J. Panuthos, Special Trial Judge.
On January 19, 2023, the parties filed a Proposed Stipulated Decision. Respondent's counsel was advised that petitioner Shelia Bryant's name was misspelled. Respondent advised that a corrected copy would be sent to petitioners.
On January 26, 2023, respondent filed a Motion For Entry of Decision. In his motion respondent asserts that petitioners refused to sign another decision document. The Court notes that the proposed stipulated decision (attached to the motion as Exhibit A) reflects the terms indicated on the document signed by petitioners.
The Court is unsure as to why petitioners refused to sign and return a corrected version of the Proposed Stipulated Decision, however the Court is satisfied that the parties intended to settle this matter as set forth in the Proposed Stipulated Decision attached to the above-referenced motion as Exhibit A.
Premises considered, it is
ORDERED that respondent's Motion For Entry of Decision, filed January 26, 2023, is granted. It is further
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioners in the amount of $17,599.00 for the taxable year 2018 and that there is an overpayment in income tax for the taxable year 2018 in the amount of $1,088.38, which amount was paid after the mailing of the notice of deficiency; and, That there is no penalty due from petitioners for the 2018 tax year under the provisions of I.R.C. § 6662(a).