- 2 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011