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T.C. 19, 23 (1999); Keller v. Commissioner, T.C. Memo. 2006-166;
Fowler v. Commissioner, T.C. Memo. 2004-163.
III. Payments
Petitioners contend the tax liabilities listed in the second
notice of Federal tax lien did not reflect the installment
agreement payments and the 2004 overpayment credit.10 Because
the validity of the underlying tax liabilities is properly at
issue, the Court reviews respondent’s determinations de novo.
See Landry v. Commissioner, 116 T.C. 60, 62 (2001).
The 1995 record indicated petitioners were credited with
making 23 payments of $375 and 7 payments of $340 pursuant to
their installment agreement. The 1995 record reflected all
payments received by respondent for petitioners’ income tax
liability. The balance that remained is consistent with the
amounts respondent is attempting to collect as stated in the
second notice of Federal tax lien for 1995. Therefore, the Court
finds that the second notice of Federal tax lien properly
reflected the installment agreement payments.
IV. Withdrawal of Notice of Federal Tax Lien
Petitioners also contend that respondent abused his
discretion in sustaining the second notice of Federal tax lien
10 The 1998 record indicated that the 2004 overpayment
credit of $4,664 was applied to the Form 5329 10-percent
additional tax liability recorded in the first notice of Federal
tax lien.
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