Gerald R. Tassielli - Page 3

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               This proceeding arises from a petition for judicial review             
          filed in response to a Notice of Determination Concerning                   
          Collection Action(s) Under Section 6320 and/or 6330 (notice of              
          determination) sent to petitioner on October 27, 2004.  The issue           
          for decision is whether respondent abused his discretion in                 
          determining that the proposed levy action should proceed                    
          regarding petitioner’s unpaid Federal income tax and related                
          liabilities for 1999.                                                       
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  The record consists of the stipulation of facts with                
          attached exhibits and the testimony of petitioner.  At the time             
          of filing the petition, petitioner resided in San Ramon,                    
          California.                                                                 
               On his 1999 Federal income tax return, petitioner claimed an           
          overpayment of $11,198.  Respondent determined that petitioner’s            
          tax return contained mathematical or clerical errors and adjusted           
          his personal exemption and itemized deductions.  After                      
          adjustments, respondent determined that petitioner’s overpayment            
          was $10,566.26.1  Respondent assessed additional tax resulting              


               1 Respondent did not refund the overpayment to petitioner.             
          Instead, respondent applied $6,195.86 to petitioner’s unpaid tax            
          liability for 1997 and $4,370.40 to his unpaid tax liability for            
          1998.                                                                       




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