- 2 - and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE DINAN, Special Trial Judge: Respondent determined that petitioner is not entitled to an abatement of interest with respect to petitioner’s 1982 taxable year. The only issue for decision is whether respondent abused his discretion in failing to abate the assessment of interest. Background Some of the facts have been stipulated and are so found. The stipulations of fact and the attached exhibits are incorporated herein by this reference. On the date the petition was filed in this case, petitioner resided in Fairport, New York. Petitioner’s individual net worth does not exceed $2 million. Petitioner filed a Federal income tax return for taxable year 1982 on March 15, 1988. On this return, petitioner claimed a loss of $14,389 from a tax shelter partnership known as Neptune Associates. With respect to his overall tax liability, petitioner claimed an overpayment due to excess withholding of $3,734.66, and he requested that the overpayment be applied to his 1983 estimated tax. Petitioner attached a written statement to his return further explaining that he wanted the “refund” to be applied to his “1983 tax deficiency”.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011