- 2 - stipulation of facts and several hours of testimony by petitioner Sheila Olsen, the Court called a recess. The parties then met to confer and negotiate in private. When the Court recalled the case, counsel for respondent announced that the parties had reached a settlement. Respondent's counsel read the oral stipulation of settlement into the record as follows: Following along the notice of deficiency, there was unemployment compensation of $423, which the petitioners agree belongs in their income. * * * There were Schedule C other expenses of $4,071. The petitioners agree they're not allowed those expenses. There was a depreciation Schedule C expense allowed of $881 to the taxpayer's credit. Petitioners agree they will not take that additional depreciation. And the petitioners agree that they are not entitled to $5,280 of rent that was previously allowed. This will result in an increased deficiency. Respondent's counsel further noted that there was no penalty in the notice of deficiency, and under the stipulated settlement there still are no penalties. The Court then asked petitioners whether the oral stipulation, as read into the record by respondent's counsel, was satisfactory. Petitioners each replied, "Yes, your Honor." The Court then ordered the parties to submit a written stipulation for decision within 30 days. The Court further stated that the Court would entertain a motion for entry of decision if the Court did not receive a stipulation for decision. The Court again inquired whether petitioners understood the Court's insistence on a stipulation for decision and itsPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011