Opinion
6119-21S
08-26-2024
JUAN LUIS CERVANTES & ROSALBA CARDENAS CERVANTES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Emin Toro, Judge
This case is currently calendared for trial during the Court's September 30, 2024, Portland, Oregon, trial session. On August 19, 2024, the parties filed a Proposed Stipulated Decision (Index no. 21) and a Settlement Stipulation (Index no. 22). However, upon review of the Proposed Stipulated Decision, the Court notes that the caption is incorrect in that it does not match the caption of this case. The Court is therefore unable to process the parties' Proposed Stipulated Decision.
In view of the foregoing, and to give effect to the agreement of the parties in this case, it is hereby
ORDERED that the parties' Proposed Stipulated Decision (Index no. 21) filed August 19, 2024, is recharacterized as the parties' Supplement to Settlement Stipulation. It is further
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioners for the taxable year 2018 in the amount of $2,632.00, and that there is an overpayment in income tax due to petitioners for the taxable year 2018 in the amount of $880.00, which amount was paid on April 15, 2019, and for which amount a claim for refund could have been filed under the provisions of I.R.C. § 6511(b)(2) on November 10, 2020, the date of the mailing of the notice of deficiency; and
That there is no penalty due from petitioners for taxable year 2018 under the provisions of I.R.C. § 6662(a).