Maurice W. Spiegel - Page 10




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               2.   Whether Petitioner Is Entitled to Abatement of Interest           
                    as a Result of (a) Respondent’s Levy on Petitioner’s              
                    Keogh Account; (b) Respondent’s Initial Crediting of              
                    the Levied Funds to 1985; or (c) Petitioner’s Agreement           
                    To Extend the Time To Assess Tax                                  
               Petitioner seeks abatement of interest related to his 1989             
          tax year on the grounds that respondent allegedly improperly                
          levied his Keogh account, and applied the funds levied from his             
          Keogh account to his 1985 year before posting them to his 1989              
          year.  We disagree.  Respondent’s levy resulted in collection of            
          tax, which reduced the amount of interest that would otherwise              
          have accrued.  No interest accrued because of the levy.                     
          Respondent credited the levied funds to petitioner’s 1985 tax               
          year on October 13, 1993, but subtracted the levied amount and              
          credited those funds to petitioner’s 1989 tax year, also on                 
          October 13, 1993.  No additional interest accrued for 1989 as a             
          result of crediting the levied funds to petitioner’s 1985 tax               
          year.                                                                       
               On October 15, 1998, at respondent’s request, petitioner               
          signed a tax collection waiver for assessments which extended to            
          December 31, 2000, the time to collect petitioner’s tax                     
          liabilities assessed on December 19, 1988, for tax year 1987, and           
          on November 19, 1990, for tax year 1989.  However, no additional            
          interest accrued for 1989 as a result of petitioner’s signing the           
          tax collection waiver.                                                      



               5(...continued)                                                        
          (2) in a subsequent refund case in a refund forum.                          



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