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respondent’s overall determination. Further, in the Form 1040X,
petitioner claimed an overpayment in the amount of $2,373, which
he calculated by subtracting total tax of $4,451 from total
payments of $6,924.4
B. Petitioner’s Tax Liabilities for 1983 Through 1990
Prior to 1992, petitioner entered into an installment
payment agreement with respondent. This agreement, which was
memorialized using Form 433-D, Installment Agreement, pertained
to income taxes owed by petitioner for the taxable years 1983
through 1990 in the amount of approximately $59,300. The
agreement has remained in effect continuously through the date of
submission of this case.
As originally executed, the Installment Agreement obligated
petitioner to pay 10 percent of his monthly gross receipts to
respondent. In or about 1992, the agreement was amended to
obligate petitioner to pay 20 percent of his monthly gross
receipts to respondent. The agreement provides that amounts paid
by petitioner will “be applied to current year’s estimated tax.”
The Installment Agreement includes a number of conditions.
Among these conditions are the following three:
All Federal taxes that become due during the term of
this agreement must be paid on time.
Any Federal or State refunds that might otherwise be
4 Mathematically, the amount of the claimed overpayment
should have been $2,473.
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