Opinion
16241-21
10-05-2023
RICKEY D. RUNDEL & MARY ANN RUNDEL, DECEASED, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Joseph W. Nega, Judge.
Pursuant to the Order served September 22, 2023, taking into account the proposed stipulated decision and the settlement stipulation, both filed September 29, 2023, and incorporating the facts stipulated in the settlement stipulation as findings of the Court, it is
ORDERED that the proposed stipulated decision is recharacterized and treated as a stipulation of settlement between Rickey D. Rundel and respondent. It is further
ORDERED and DECIDED that there is no deficiency in income tax due from petitioners for taxable year 2018, and that there is an overpayment in income tax due to petitioners for taxable year 2018 in the amount of $336.00, 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. § 6511 (b)(2), on March 22, 2021, the date of the mailing of the notice of deficiency; and
That there is no penalty under I.RC. § 6662(a) due from petitioners for taxable year 2018.