- 19 - law to pay that tax on the date the return was filed. That tax was paid, as shown on the return, by taxes withheld, a cash payment petitioner submitted with the return, and the amount of $2,899.89 to be taken from proceeds of a levy that petitioner identified on her return. At the time petitioner's 1987 return was filed, there were no other outstanding assessments against her as to which respondent could have applied the amount at issue. In view of these facts and circumstances, we conclude that respondent should have applied the $2,899.89 levy proceeds identified on the return toward payment of the tax shown on that return filed by petitioner. Respondent has given no factual reason and no legal basis for disallowing this amount as a payment and later applying such amount toward payment of a subsequently assessed tax liability. Petitioner is sustained on this issue. As to the second part of this issue, petitioner contended that the $2,884 disallowed as a payment by respondent in the notice of deficiency represented the proceeds of another levy on a different bank account, and that the $2,884 should be allowed to her as an additional credit. Petitioner failed to establish that there was such a levy. Respondent's transcript did not reflect that such proceeds were realized through levy, other than the amounts listed earlier in this opinion. Petitioner presented no evidence from the bank or savings institution from which shePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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