Opinion
12724-21S
03-24-2023
CRAIG ALLEN READE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Peter J. Panuthos, Special Trial Judge
When this case was called from the remote Tampa, Florida trial calendar on December 5, 2022, there was no appearance by or on behalf of petitioner. Respondent's counsel appeared and advised the Court that the parties had reached a basis of settlement in this matter. The Court directed that settlement documents shall be filed on or before January 5, 2023.
On January 4, 2023, respondent filed a Motion For Entry of Decision. In his motion, respondent asserts that the agreed upon decision document was sent to petitioner for his signature and that respondent has made numerous attempts to contact petitioner, however, petitioner has been non-responsive. By Order dated January 30, 2023, the Court provided petitioner an opportunity to object to respondent's above-referenced motion. No objection has been received from petitioner.
It appears to the Court that the parties intended to settle this matter and accordingly it is appropriate to enter a decision as apparently agreed to by the parties.
Upon due consideration, it is
ORDERED that respondent's Motion For Entry of Decision, filed January 4, 2023, is granted. It is further
ORDERED AND DECIDED that there is a deficiency in income tax due from petitioner for the taxable year 2017 in the amount of $5,351.00 and that there is an overpayment in income tax for the taxable year 2017 in the amount of $2,148.48, which amount was paid on August 6, 2021, after the mailing of the notice of deficiency; and
That there is no penalty due from petitioner for the taxable year 2017, under the provisions of I.R.C. § 6662(a).