Opinion
7611-23
04-25-2024
ROY W. HEWITT & TRUDIE G. HEWITT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
James S. Halpern, Judge
By Notice served December 27, 2023, this case was calendared for trial and hearing on the Court's San Diego, California trial calendar which commenced on April 15, 2024. On February 15, 2024, respondent filed a Motion for Summary Judgment.
On April 15, 2024, this case was called and recalled from the calendar at the Trial Session of the Court in San Diego, California. Both petitioners and counsel for respondent appeared and were heard on the motion. At that time respondent made an Oral Motion to Amend their Motion for Summary Judgment.
Upon due consideration pursuant to the trial and hearing and for cause more fully appearing in the transcript of the proceedings, it is
ORDERED that respondent's Oral Motion to Amend his Motion for Summary Judgment made April 15, 2024, is granted. It is further
ORDERED that respondent's Motion for Summary Judgment as amended April 15, 2024, is granted. It is further
ORDERED AND DECIDED that for reasons stated on the record, there is a deficiency in income tax due from petitioners for the taxable year 2021 in the amount of $346,665.00; and
That respondent concedes the accuracy-related penalty, in the amount of $70,362.00, pursuant to I.R.C. § 6662(b)(2) and (d) for taxable year 2021.