Opinion
6959-22S
02-16-2023
FRANKLIN DEVON PAUL, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Lewis R. Carluzzo Chief Special Trial Judge
This case for the redetermination of a deficiency was called from the calendar on February 13, 2023, in Houston, Texas. There was no appearance by or on behalf of petitioner. Counsel for respondent appeared and advised the Court that respondent is conceding the I.R.C. Sec. 6654 addition to tax for taxable year 2018.
Premises considered, and for cause set forth more fully in the transcript of the above-referenced proceedings, it is
ORDERED that the proposed stipulated decision, filed January 17, 2023, is recharacterized as a stipulation of settlement. In order to give effect to the basis of settlement reflected in that document, and respondent's above-referenced concession it is
ORDERED AND DECIDED: That there is a deficiency in income tax due from the petitioner for the taxable year 2018 in the amount of $2,579.00;
That there is an addition to tax due from the petitioner for the taxable year 2018 under the provisions of I.R.C. § 6651(a)(1) in the amount of$210.00; and
That there is an addition to tax due from petitioner for the taxable year 2018, under the provisions of I.R.C. § 6651(a)(2), of 0.5% of the amount of the income tax required to be shown on the return, $867.00, commencing on the due date of petitioner's return and accruing for each month or fraction thereof during which petitioner fails to pay, not exceeding 25% in the aggregate; and That there is no addition to tax under I.R.C. § 6654 due from petitioner for taxable year 2018.