Barbara Deaton - Page 1

                                  T.C. Memo. 2005-1                                   


                               UNITED STATES TAX COURT                                


                            BARBARA DEATON, Petitioner v.                             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      
                             RONNY DEATON, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 12375-01L, 11121-02L.  Filed January 3, 2005.              

                    In April 1994, Ps filed a request to extend the                   
               time for filing their 1993 Federal income tax return                   
               and remitted $125,000 therewith.  Ps did not file their                
               1993 return until Jan. 10, 2000, reporting an                          
               overpayment of $50,221 thereon.  On their 1994-96                      
               returns (also filed on Jan. 10, 2000), Ps sought to                    
               apply that overpayment to their 1994-96 tax                            
               liabilities.  R did not honor Ps’ request, on the                      
               ground that the amount Ps sought to so apply had been                  
               “paid” in April 1994, which is outside the “lookback”                  
               period of sec. 6511(b)(2)(A), I.R.C., that is                          
               applicable to Ps’ Jan. 2000 request for credit.  R                     
               subsequently issued a Notice of Intent to Levy with                    
               respect to Ps’ 1994-96 taxable years, and Ps timely                    
               requested a collection due process hearing.  R’s                       
               Appeals Office sustained the proposed levy and issued a                
               Notice of Determination to that effect to each of P-H                  
               and P-W.                                                               







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