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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.
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”.
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