Patrick M. Shannon - Page 25

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               example, monies deducted from the Petitioner’s January                 
               2000 paycheck were not applied to the taxes due until                  
               Apr 15, 2001 when the taxes for 2000 were due.  Apply-                 
               ing 1/12 of the refund due for tax year 2000 evenly                    
               throughout 2000 as payments against the taxes due would                
               significantly reduce the interest charge in this case                  
               and more fairly represent the actual amount that should                
               be owed.                                                               
               * * * In addition interest in this case is eligible for                
               abatement because the delayed payments were not due                    
               solely to the actions of the Petitioner, but were                      
               caused by bad advice from a former CPA.  [Reproduced                   
               literally.]                                                            
               We turn first to petitioner’s contention that respondent               
          abused respondent’s discretion in failing to abate interest on              
          petitioner’s unpaid total 1999 liability because respondent did             
          not apply tax withheld from wages that petitioner received during           
          taxable years after his taxable year 1999 to his unpaid total               
          1999 liability at the time such tax was withheld.  We reject that           
          contention.  As discussed above, any tax withheld from an indi-             
          vidual’s wages is deemed paid by the individual on the 15th day             
          of the fourth month following the close of the taxable year with            
          respect to which such tax is allowable as a credit under section            
          31.  See sec. 6513(b)(1).                                                   
               We turn next to petitioner’s contention that respondent                
          abused respondent’s discretion in failing to abate interest on              
          petitioner’s unpaid total 1999 liability because he received “bad           
          advice” from a certified public accountant.  We reject that                 
          contention.  Any advice that petitioner received from a certified           
          public accountant is not a basis under section 6404(e) on which             





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