Opinion
4997-21S
09-30-2022
MARK A. SCHILLER & LORA D. SCHILLER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Courtney D. Jones Judge
On April 15, 2022, respondent filed a Status Report (Doc. 9) to inform the Court that the parties had reached a basis for settlement of this case. Subsequently, this case was stricken from trial at the remote session of the Court scheduled to commence on May 9, 2022, for Des Moines, Iowa. The undersigned retained jurisdiction of this case and directed the parties to file a proposed stipulated decision on or before August 8, 2022.
On August 8, 2022, respondent filed a Motion for Entry of Decision (Doc. 13). By Order dated August 11, 2022, the Court directed petitioners to file a response to the Motion, on or before September 1, 2022 (Doc. 14). The Order advised petitioners that failure to respond would likely result in the granting of the Motion and entry of decision as set forth at Exhibit A therein. Petitioners have not filed an objection or response to the Motion.
Upon due consideration and for cause, it is
ORDERED that respondent's Motion for Entry of Decision, filed August 8, 2022, is granted. It is further
ORDERED that there is no deficiency in income tax due from petitioners for taxable year 2017, and that there is an overpayment in income tax for taxable year 2017 in the amount of $5,756.00, of which amount $5,208.00 was paid on April 15, 2018, and $548.00 was paid on April 15, 2020, and for which amount a claim for refund could have been filed, under the provisions of I.R.C. § 6511(b)(2), on November 2, 2020, the date of the mailing of the notice of deficiency;
That there is no addition to tax under I.R.C. § 6651(a)(1) due from petitioners for taxable year 2017; and That there is no penalty under I.R.C. § 6662(a) due from petitioners for taxable year 2017.