Opinion
19074-21S
07-11-2024
CHARLES ANDREW HEAD & ANGELA HEAD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan Chief Judge
On July 9, 2024, the parties filed a Proposed Stipulated Decision and Settlement Stipulation. However, the preamble of the proposed decision document is improper under the circumstances. Consequently, the Court is unable to process the parties' Proposed Stipulated Decision.
In view of the foregoing, to give effect to the agreement of the parties in this case, and for cause, it is
ORDERED that the parties' Proposed Stipulated Decision is recharacterized as the parties' Stipulation of Settlement. Taking into account the basis for settlement reached between the parties, as reflected in that document, and incorporating herein the facts stipulated by the parties as the findings of the Court, it is further
ORDERED AND DECIDED that there is no deficiency in income tax due from petitioners for the taxable year 2018, and that there is an overpayment in income tax for the taxable year 2018 in the amount of $5,479.00, which amount was paid on April 15, 2019, and for which amount a claim for refund was filed on January 7, 2021, which was within the period provided by I.R.C. section 6511(b)(2), and which claim had not been disallowed before the date of the mailing of the notice of deficiency.