Fay Dalton, Petitioner, and Robert Dalton, Intervenor - Page 4




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          and $211, respectively.  From petitioner, respondent withheld an            
          income tax refund due petitioner for 1997 in the amount of $940,            
          and respondent levied against petitioner’s wages and received               
          $133.1  Petitioner also made payments in accord with an                     
          installment agreement entered into with respondent until the                
          balance of the total $4,530 assessed liability against petitioner           
          and intervenor was paid to respondent in full.  The schedule                
          below sets forth the dates on which petitioner made payments to             
          respondent, the amount of the payments, and the source of each              
          payment:                                                                    

                          Payments Made By Petitioner                                 
               Date              Amount          Source of Payment                    
          Mar. 9, 1998            $940        1997 income tax refund                  
          Mar. 19, 1998            133        Garnished wages                         
          Apr. 22, 1998            200        Installment agreement                   
          May 6, 1998              200        Installment agreement                   
          May 28, 1998             135        Installment agreement                   
          June 26, 1998             50        Installment agreement                   
          July 23, 1998            150        Installment agreement                   
          Total               $1,8082                                                 





               1  Petitioner introduced a pay stub from her employer                  
          reflecting total garnished wages of $346.  Petitioner, however,             
          has not provided evidence that the total $346 in garnished wages            
          shown on petitioner’s pay stub was completely paid to respondent.           
          We accept respondent’s evidence of the $133 relating to                     
          petitioner’s wages that were levied against and applied as a                
          credit against petitioner’s 1995 tax liability.                             
               2  Respondent refunded to petitioner certain additional                
          amounts representing overpayments of the $4,530 total due with              
          respect to petitioner and intervenor’s 1995 joint Federal income            
          tax liability.                                                              




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