William D. Colburn - Page 9

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          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 the            




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