Opinion
17100-22S
04-19-2023
JUAN INIGUEZ, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan Chief Judge
On April 14, 2023, the parties filed a Proposed Stipulated Decision and Settlement Stipulation for the Court's consideration. However, the Court notes that 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, filed April 14, 2023, is recharacterized as a stipulation of settlement. Pursuant to that stipulation of the parties and to the parties' settlement stipulation, also filed April 14, 2023, and incorporating herein the facts stipulated by the parties as the findings of the Court, it is further
ORDERED AND DECIDED: That there is a deficiency in income tax due from petitioner for the taxable year 2020 in the amount of $5,713.00, and that there is an overpayment in income tax due to petitioners for the taxable year 2020 in the amount of $1,439.00, which amount was paid on April 15, 2021, and for which amount of claim for refund was filed on April 15, 2021, which was within the time provided by I.R.C. section 6511(b)(2), and which claim had not been disallowed before April 18, 2022, the date of the Statutory Notice of Deficiency was mailed; and
That there is no penalty due from petitioners for the taxable year 2020, under the provisions of I.R.C. section 6676.