Raymond Wright - Page 13




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          petitioner a notice of balance due, and on March 15, 1999,                  
          respondent issued to petitioner a statutory notice of intent to             
          levy.                                                                       
               Any “delay” in sending petitioner a final bill for his 1987            
          and 1989 tax years was attributable to petitioner’s failure to              
          file tax returns for those years.  Additionally, the mere passage           
          of time in the litigation phase of a tax dispute does not                   
          establish error or delay by the Commissioner in performing a                
          ministerial act.  Lee v. Commissioner, 113 T.C. at 150.                     
               While at one point petitioner’s account may not have been              
          credited with his $6,681.22 payment or his withholding credits              
          totaling $2,624, as of the date of trial, his account was                   
          credited with those amounts.8  Furthermore, the evidence                    
          established that petitioner’s 1993 refund was mailed to him.                
          Therefore, petitioner’s 1993 refund could not be applied against            
          his outstanding liabilities for 1987 and 1989, as he argues.                
               Additionally, on May 7, 2001, respondent abated $3,260 in              
          interest associated with 1987 for the $2,346 credit for tax                 
          withheld.  Furthermore, respondent concedes that the interest               
          associated with the $278 withholding credit for 1989 should be              
          abated.9                                                                    


               8  Petitioner admits that he has received credit for his               
          withholding for 1987 and 1989.                                              
               9  As of the time of trial, respondent had not abated this             
                                                             (continued...)           





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