- 4 - On June 29, 1998, respondent sent a letter to petitioners requesting payment of $9,326.06, which consisted of $7,588 for the assessed tax liability, $1,642.68 for assessed interest, and a $95.38 adjustment for an overstated withholding in the IRS transcript. On or about July 14, 1998, petitioners mailed a check to the IRS in satisfaction of this amount. Petitioners’ 1994 joint income tax return was filed on May 30, 1997. On June 30, 1997, the IRS issued a refund check to petitioners in the amount of $11,403.66 which comprises the $10,000 subsequent payment and a $1,403.66 withholding credit. The notice of deficiency for tax year 1995 was issued to petitioners on June 3, 1999, reflecting a deficiency of $6,501 due to the disallowance of the NOL carryover and computational adjustments. Petitioners contend that respondent erred in applying the $10,000 sent in April 1995 to the 1994 tax year. According to petitioners, the $10,000 should have been applied, although not designated by petitioners at the time they sent the check, to the 1995 taxes. Petitioners further contend that the $10,000 payment should be applied to the tax deficiency stated in the notice of deficiency and that they should receive a refund of the excess. Discussion If a taxpayer makes a voluntary payment without directing the application of the funds, the IRS may make whateverPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011