Opinion
12863-23S
07-17-2024
KAMRYN R. CHIN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Peter J. Panuthos Special Trial Judge
This case was calendared for trial at the Court's April 2, 2024, San Francisco, California trial session. When this case was called from the calendar on April 2, 2024, there was no appearance by or on behalf of petitioner. Counsel for respondent appeared and advised that the parties had reached a Stipulation of Settled Issues. The Court thereafter directed the parties to file a proposed stipulated decision by May 2, 2024. On April 24, 2024, the parties filed a Stipulation of Settled Issues resolving all issues in the case.
On May 2, 2024, respondent filed a Status Report representing that petitioner had not yet returned the signed decision document and requesting additional time to file a proposed decision document or a motion for entry of decision based on the previously filed Stipulation of Settled Issues. By Order served June 24, 2024, the Court directed the parties to file, on or before July 8, 2024, a signed proposed stipulated decision or an appropriate motion.
On July 5, 2024, respondent filed a Motion for Entry of Decision, requesting that the Court enter a decision in this case in accordance with a proposed stipulated decision and computations attached as Exhibits thereto, which reflect a deficiency in income tax due from petitioner for taxable year 2021. In his Motion, respondent represents that petitioner did not return signed settlement documents, and respondent's attempts to contact petitioner were unsuccessful because petitioner's telephone number may have been changed.
The Court notes that the parties have agreed that petitioner has a prepayment credit for taxable year 2021 in the amount of $1,061.00. The deficiency for taxable year 2021 has been computed without considering this prepayment credit.
Upon due consideration and for cause, it is hereby
ORDERED that respondent's Motion for Entry of Decision, filed July 5, 2024, is granted. It is further
ORDERED and DECIDED that, without regard to a prepayment credit in the amount of $1,061.00, there is a deficiency in income tax due from petitioner for taxable year 2021 in the amount of $3,584.00.