Opinion
5454-21
03-07-2022
Shayla R. Odoms Petitioner v. Commissioner of Internal Revenue Respondent
ORDER AND DECISION
MAURICE B. FOLEY CHIEF JUDGE
On March 2, 2022, the parties filed a Settlement Stipulation and a Proposed Stipulated Decision. However, upon review, the Court notes that the latter fails to address the I.R.C. section 6662 accuracy-related penalty determined in the Notice of Deficiency upon which this case is based. Accordingly, the Court is unable to process the Proposed Stipulated Decision. Nevertheless, the Court notes that respondent conceded the aforementioned penalty in the Answer, and that the parties agree in the Settlement Stipulation that petitioner is not liable for the penalty.
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' Supplemental Settlement Stipulation. It is further
ORDERED and DECIDED that there is a deficiency in income tax due from petitioner for the taxable year 2018 in the amount of $91.00 and that there is an overpayment in income tax for the taxable year 2018 in the amount of $99.00, which amount was paid on April 15, 2019, and for which amount a claim for refund could have been filed, under the provisions of I.R.C. section 6512(b)(3)(B), on February 1, 2021, the date of the mailing of the notice of deficiency; and
That there is no penalty due from petitioner for the taxable year 2018 under the provisions of I.R.C. section 6662.