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After a concession by petitioner Newton K. McKoin,1 the only
issue for decision is whether certain payments made by petitioner
Newton K. McKoin pursuant to an installment payment agreement may
be offset against the deficiency in issue herein. We hold that
they may not.
FINDINGS OF FACT
Virtually all of the facts have been stipulated, and they
are so found.
Petitioners resided in D’Iberville, Mississippi, at the time
that their petition was filed with the Court. References to
petitioner are to Newton K. McKoin.2
A. Petitioner’s Tax Liability for the Year in Issue
Petitioner, an attorney, timely filed a Federal income tax
return, Form 1040, for 1997. On his return, petitioner reported
income tax in the amount of $2,381 and claimed total payments in
the amount of $6,924.3 Accordingly, petitioner claimed an
1 Petitioner Newton K. McKoin does not dispute the
deficiency in income tax determined by respondent.
2 Petitioner Kimberly A. McKoin (Mrs. McKoin) did not appear
at trial and did not execute the stipulation of facts.
Accordingly, the Court will dismiss this action as to her
pursuant to respondent’s oral motion to dismiss for lack of
prosecution. See Rule 123(b), Tax Court Rules of Practice and
Procedure. However, decision will be entered against Mrs. McKoin
consistent with the decision entered against petitioner.
3 This total consisted of (1) income tax in the amount of
$76 withheld from Mrs. McKoin’s wages and (2) estimated tax paid
by petitioner in the amount of $6,848.
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