Thomas Edward Vanstone - Page 2

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          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.                                        
               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”.                                    

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