Dean F. and Jocelyne S. Pace - Page 4




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               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 whatever                     






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