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refund of $5,616.86 paid October 23, 1989, a copy of the canceled
check could not be retrieved due to the age of the item.
At the hearing, petitioners were given the opportunity to
submit an offer in compromise, but they declined to complete a
statement of the information needed for such an offer.
Petitioners acknowledged that, if completed, the collection
information statement would establish that they would not qualify
for an offer in compromise because they have sufficient assets,
including equity in their home, to pay the disputed liability in
full.
At the hearing, petitioners offered to pay a sum that was
either $1,249 (according to the notice of determination) or
$1,429 (according to the Stipulation of Facts). The Appeals
officer determined that the offer of payment was unacceptable.
Discussion
Petitioners do not dispute amounts due and owing for 1990,
1991, 1992, and 1996, the years reflected in the notice of
Federal tax lien. They claim, however, that they are entitled to
credit for an overpayment for 1987 for which they never received
a refund. In this regard, we review respondent’s determination
de novo. Landry v. Commissioner, 116 T.C. 60, 62 (2001).
Petitioners acknowledged that the transcript of their
account for 1987 reflects a refund check issued, but Mr. Kazunas
testified that he did not recall receiving the check.
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Last modified: May 25, 2011