Opinion
19881-21S
07-07-2023
GABRIEL A. HARRIS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan Chief Judge.
On July 6, 2023, the parties filed a Proposed Stipulated Decision for the Court's consideration. However, the Court notes that the proposed decision document improperly refers to the I.R.C. section 6651(a)(1) addition to tax determined in the Notice of Deficiency as a "penalty." Consequently, the Court is 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
ORDERED that the parties' Proposed Stipulated Decision is recharacterized as the parties' Settlement Stipulation. Taking into account the basis for settlement reached between the parties, as reflected in that document, it is further
ORDERED and DECIDED that there is no deficiency in income tax due from, nor overpayment due to, petitioner for the taxable year 2018;
That there is no addition to tax under I.R.C. section 6651(a)(1) due from petitioner for the taxable year 2018; and That there is no penalty under I.R.C. section 6662(a) due from petitioner for the taxable year 2018.