Astrida Terauds - Page 21

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          "payment".  In Fortugno v. Commissioner, 41 T.C. 316 (1963),                
          affd. 353 F.2d 429 (3d Cir. 1965), this Court held that no                  
          overpayment exists with respect to a particular fund until all or           
          a part of that fund has been assessed, or until the taxpayer                
          acquiesces in the proposed deficiency or a part thereof, and the            
          deposited fund is allocated by respondent to payment of the                 
          agreed deficiencies.  In the Fortugno case the taxpayers had                
          deposited $1 million with the IRS in order to forestall a                   
          jeopardy assessment against them.  At the time the deposit was              
          made, the IRS had made no determination of any deficiencies                 
          against the taxpayers; the taxpayers never requested an                     
          assessment and never intended by their $1 million payment to                
          waive their right to contest the correctness of any determination           
          of deficiencies by the IRS.  This Court held that, in order for             
          the taxpayers' remittances to constitute a payment of tax, the              
          remittances had to be made with the intention of satisfying an              
          "asserted tax liability".  Fortugno v. Commissioner, supra at               
          322.  We concluded that the taxpayers did not make remittances to           
          the IRS to satisfy an "asserted tax" liability, and, therefore,             
          the remittances constituted a deposit rather than the payment of            
          a tax.                                                                      
               Here, other than the $2,899.89 directed by petitioner to be            
          applied against her 1987 tax, petitioner made no payments to                
          respondent.  The amounts in question were levied pursuant to an             





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