Opinion
15235-18S
07-26-2022
KATALIN FAZEKAS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro, Judge
Pursuant to an agreement of the parties in this case, the Court entered a Decision on February 15, 2019, in which we found petitioner Hable for a deficiency and no penalty under the provisions of I.R.C. section 6662(a) for her 2015 tax year. Under I.R.C. § 6601, respondent assessed interest of $1,684.70 with respect to the deficiency and petitioner paid the entire amount of the interest. The Court's Decision became final within the meaning of IRC section 7481(a) on May 16, 2019.
On October 28, 2019, petitioner filed a Motion to Redetermine Interest Pursuant to Rule 261 (Doc. 9) seeking abatement of interest for her 2015 tax year. By Order served February 11, 2022, the parties were directed to file on or before April 4, 2022, a Status Report describing the status of the case. By the same Order, if the case was not reported settled by April 4, 2022, petitioner was directed to file a supplement to her motion as discussed in the first ordered paragraph of the February 11, 2022, Order to set forth the information listed in and required by Rule 261(b) on or before May 4, 2022.
By separate Order served on February 11, 2022, this case was assigned to the undersigned judge for disposition.
On April 4, 2022, respondent filed a Status Report (Doc. 12) informing the Court that respondent had obtained interest computations and was coordinating with the National Office on how to proceed. By Order served April 8, 2022, the parties were directed to file on or before June 6, 2022, a Status Report describing the status of the case. By the same Order the time within which petitioner should file a supplement to her motion was extended from May 4, 2022, to June 6, 2022.
On June 1, 2022, the parties filed a Stipulation of Settled Issues (Doc. 14) that states the precise amount of the interest abatement to which the parties agree for the tax year at issue.
Upon due consideration, it is hereby
ORDERED that, pursuant to section 7481(c), petitioner's Motion to Redetermine Interest Pursuant to Rule 261 is granted and the record is reopened. It is further
ORDERED AND DECIDED that pursuant to the Stipulation of Settled Issues filed by the parties on June 1, 2022:
The petitioner is liable for $1,333.39 of underpayment interest for taxable year 2015.
Respondent will therefore administratively abate the assessed interest by $351.31 ($1,684.70 interest assessed - $351.31 interest to be abated = $1,333.39 interest).
Interest will be credited or paid as provided by law on any overpayment due to petitioner.
It is further
ORDERED that the record in this case is closed.