Daniel Joseph White - Page 7




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          Form 4340 for the 1996 taxable year both reflect an income tax of           
          $10,838 and a withholding credit of $12,544, resulting in a                 
          refund to petitioner of $1,706.  The transcript of account for              
          the 1996 taxable year reflects a refund of $1,706, plus interest,           
          that was paid to petitioner on April 23, 2001.4                             
               Petitioner’s uncorroborated and vague testimony regarding              
          his claimed credit for an estimated tax payment of $6,000 is not            
          credible.  See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).             
          A review of petitioner’s most recent returns and records does not           
          support his testimony, and there is no indication that petitioner           
          is entitled to an overpayment or credit.  We conclude that                  
          petitioner has not made an overpayment and is not due a refund              
          for the 1997 taxable year.                                                  
               The next issue for decision is whether petitioner is liable            
          for an addition to tax under section 6651(a)(1).  Section                   
          6651(a)(1) imposes an addition to tax on the failure to file                
          timely any return required to be filed, unless it is shown that             
          such failure is due to reasonable cause and not due to willful              
          neglect.  Section 6011(a) provides that a taxpayer who is                   
          required to make a return shall do so “according to the forms and           
          regulations prescribed by the Secretary.  Every person required             


               4  When a taxpayer elects to have an overpayment refunded to           
          him, he may not change his election to have the overpayment                 
          applied as a payment on account of his estimated income tax.                
          Sec. 301.6402-3(d), Proced. & Admin. Regs.                                  





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