Eugene M. Landry - Page 4




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          apply this overpayment to his estimated income tax for 1996.  The           
          1996 joint income tax return reported an overpayment of $94,                
          including $1,761 carried over from 1995.  Petitioner elected to             
          apply this overpayment to his estimated income tax for the 1997             
          tax year.  The 1997 joint income tax return reported an                     
          overpayment of $4,203, including $94 carried over from 1996 and             
          payments of $15,000 in estimated taxes made during 1997.                    
          Petitioner elected to apply this overpayment to his estimated               
          income tax for 1998.                                                        
               Respondent applied the overpayments as directed by                     
          petitioner except in instances where the overpayments claimed by            
          petitioner as credits could not be applied in full against                  
          petitioner’s liability because part of the carried over amounts             
          had been deemed paid more than 3 years before the return was                
          filed claiming a credit for that amount.                                    
                                       OPINION                                        
               The petition in this case was filed in response to a notice            
          of determination sent after a hearing under section 6330 was                
          conducted.  Petitioner raised at the hearing his contention that            
          the taxes that were the subject of proposed collection activity             
          had been paid.  The record is unclear as to whether any                     
          deficiency was determined against petitioner by respondent.                 
          Nonetheless, because the underlying tax liability relates to                
          Federal income taxes, over which we have jurisdiction, we hold              






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