Thomas Y. Wallace - Page 15




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          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.                      






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