- 4 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011