- -9 court held that on December 5, 1988, when assessments of the Heftis' tax liabilities for the years 1980 through 1982 were made, the assessment period had not expired. The court sustained the District Court's holding for the IRS on a summary judgment motion. In the instant case, petitioner does not argue, as did the Heftis, that the assessment made in accordance with a decision by this Court after a payment of the tax liability had been made was not valid, but argues that the payment made before the assessment was not a valid collection. The Hefti case indicates, however, that a tax payment made by a taxpayer prior to an assessment may be a proper collection of the tax. It is apparent that the provisions of section 6502(a) with respect to collection after assessment contain the assumption that there is an unpaid amount at the time of assessment. In effect, petitioner's argument here that collection has not been made within the period provided under section 6502(a) is an argument that the $218,292.77 paid by petitioner on his 1966 tax liability was a deposit and not a payment of 1966 taxes and additions to taxes. Petitioner makes this argument even though he stipulated as a fact that "on September 18, 1973, petitioner made a payment in the amount of $218,292.77 on his 1966 tax liability." Clearly, if petitioner made a payment on his tax liability and thereafter the tax was properly assessed, as is also stipulated here, there is nothing to be collected after thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011