- 15 - contained in that section. See In re Sanford v. Commissioner, 979 F.2d 1511, 1514 (11th Cir. 1992); Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992). Petitioner does not argue that any of the exceptions contained in section 6654 apply, nor does he argue that respondent erred in determining an addition to tax under section 6654. Accordingly, we sustain respondent’s determination. To reflect the foregoing, Decision will be entered for respondent.4 4 It is undisputed that petitioner has paid to respondent $16,000 in restitution, this sum corresponding to the amount stated in the stipulation relative to sentencing as being the total Federal income taxes evaded by petitioner with respect to taxable year 1989. Neither at trial nor on brief has respondent addressed the merits of petitioner’s claim that he should be given credit for this $16,000 payment against his 1989 deficiency. We expect petitioner to be given credit for his $16,000 restitution payment for taxable year 1989. Cf. M.J. Wood Associates, Inc. v. Commissioner, T.C. Memo. 1998-375.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
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