Newton K. and Kimberly A. McKoin - Page 2

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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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