Opinion
9306-23S
08-11-2023
JAY B. RAPPAPORT & BRYNA K. RAPPAPORT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Kathleen Kerrigan Chief Judge
On August 8, 2023, the parties electronically filed a Settlement Stipulation and Proposed Stipulated Decision for the Court's consideration. The Proposed Stipulated Decision appears to have been electronically scanned in a size format other than 8½ x 11. It also contains an improper characterization of the overpayment. Nevertheless, the agreement of the parties in this case is clear to the Court based on the content of the Settlement Stipulation.
In view of the foregoing, to give effect to the agreement of the parties, 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 a deficiency in income tax due from petitioners for the taxable year 2020 in the amount of $4,575.00 and that there is an overpayment in income tax due to petitioners for the taxable year 2020 in the amount of $1,081.00, which amount was paid on May 16, 2022, and for which amount a claim for refund could have been filed, under the provisions of I.R.C. § 6511(b)(2), on April 17, 2023, the date of the mailing of the notice of deficiency; and
That there is no penalty under I.R.C. § 6662(a) due from petitioners for taxable year 2020.