US TAX COURT 

Julie Patriot,                      )				  		 
                Petitioner,         )   
                                    )		                      
     v.                             )         DOCKET #3036-08
                                    )     
Commissioner Internal Revenue,      )         Stipulations by Petitioner
                Respondent.         )         (2004)
____________________________________)   

It is hereby stipulated that, for the purpose of this case, the following statements may be accepted as facts and all exhibits referenced to herein and attached hereto may be accepted as authentic and are incorporated in this stipulation and made a part hereof; provided, however, that either party has the right to object to the admission of any such facts and exhibits in evidence on the grounds of relevancy and materiality, but not on other grounds unless expressly reserved herein, and provided that either party may introduce other and further evidence not inconsistent with the facts herein stipulated.

1. Petitioner had 5 dependent children for tax year 2004

2. Petitioner had deductions, business expenses and cost of doing business, losses and other expenses in the amount of 70% of her gross for the tax 2004.

3. Petitioner had illegal telephone excise tax in the amount of $50 for said year.

4. Petitioner had tax return preparation expense.

5. According to IRS transcripts, Petitioner paid in withholding tax for the tax year 2004.
A. $21, 000 + in federal tax withholding
B. $5,166 + in Social Security withholding
C. $ 1,208 + in Medicare withholding
D. Total withholding is $27, 374 +

6. The 90 day letter issued on November 13, 2007 did not list any amounts for penalties or interest and therefore none exist.

7. The Notice of Deficiency states that Petitioner owes $15,732. The amount of withholding is greater than that and therefore she is due a refund.

________________________________        ___________________________
Julie Patriot, Petitioner Pro se        Terry Serena, District Counsel
Bridgeport, West Virginia 26330	        Cincinnati, OH 45202-2727
 
Date: September 24, 2008                Date:______________________
 

Certificate of Service: I do hereby certify that on this date I sent properly a copy of this pleading to opposing counsel.

______________________________ _____________________________

Julie Patriot Terry Serena