- 8 - amount of $285.22, dated April 14, 1994, that she claims constituted a payment toward her assessed deficiencies for 1988 and 1990. However, the record establishes that on May 26, 1994, respondent credited petitioner’s 1991 tax account with a payment in the amount of $285.22. There is no indication that petitioner designated the $285.22 amount as a payment toward her 1988 or 1990 account. Respondent was therefore under no obligation to apply the $285.22 payment toward petitioner’s 1988 or 1990 taxable years. See Amos v. Commissioner, 47 T.C. 65 (1966). Petitioner presented no other evidence of payments toward her accounts for the years in issue and therefore we find that no such payments were made. Regarding petitioner’s claim that respondent should have applied a portion of her overpayments for subsequent tax years to her 1988 and 1990 tax liabilities, petitioner’s claim is without merit. Respondent was authorized, pursuant to section 6402(a), to credit the amount of any overpayment against any of petitioner’s tax liabilities. The record in this case indicates that respondent applied overpayments from petitioner’s subsequent tax years to petitioner’s assessed liabilities for a number of years, including the years in issue. Respondent was authorized under section 6402(a) to apply petitioner’s refunds against an outstanding liability for any taxable year and was under noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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