Sylwester A. Slojewski - Page 7

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          petitioner disagreed with respondent’s computation of                       
          petitioner’s deficiency on the basis of the items addressed in              
          the stipulation of settlement on the date respondent filed his              
          motion for entry of decision.  Petitioner also argues that                  
          respondent misled the Court by filing his motion for entry of               
          decision without disclosing, as required by Rule 50(a), that                
          petitioner disagreed with respondent’s computation of                       
          petitioner’s deficiency on the basis of items addressed in the              
          stipulation of settlement.  We disagree.                                    
               Rule 155 is the mechanism whereby the Court is enabled to              
          enter a decision in a case where the dollar amounts of the                  
          deficiency, liabilities, and/or overpayment cannot readily be               
          determined.  Cloes v. Commissioner, 79 T.C. 933, 935 (1982).  In            
          accordance with the computations in respondent’s motion for entry           
          of decision, we entered a decision that there is a deficiency of            
          $3,492 in petitioner’s 2000 Federal income tax and that there is            
          no penalty due from petitioner for the taxable year 2000 under              
          section 6662(a).                                                            
               Petitioner does not show that he disagreed with respondent’s           
          computation of petitioner’s tax liability in accordance with the            
          stipulation of settlement, nor does petitioner allege that there            
          was lack of consent, mistake, or fraud as the basis for his                 
          motion to vacate order and decision.  Instead, petitioner raises            
          new issues involving possible entitlement to a child tax credit,            





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