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E. Petitioner’s Divorce Agreement
Petitioner and his wife signed a “Stipulation and
Agreement,” dated January 30, 1989. Article 6.6 of that
agreement permitted the parties to retain any refund on separate
returns they filed. Petitioner and his wife had no agreement to
allocate estimated tax payments. Petitioner and his wife were
divorced in May 1989.
F. Respondent’s Levy on Petitioner’s Keogh Account
On October 13, 1993, respondent levied $14,246.41 from
petitioner’s Keogh account and credited that amount to
petitioner’s 1985 tax year. Also on October 13, 1993, respondent
subtracted $14,246.41 from the amount credited to petitioner’s
1985 tax year and credited that amount to his 1989 tax year.
G. Petitioner’s Claim for Refund
Petitioner filed a claim for a $57,532.41 refund for 1992 on
September 28, 1995. He calculated that amount by reducing the
$70,000 estimated tax payment by his tax liabilities of $7,408
for 1987, $9,886 for 1989, $7,485 for 1991, $2,351 for 1992, and
then increasing the balance by $93 for withholding in 1989 and by
$14,246.41 and $343 for levies on Keogh and bank accounts in
1993.3 Respondent denied petitioner’s claim on May 15, 1996.
3 We note that the correct balance after decreases for
petitioner’s tax liabilities and increases for withholdings
levies would be $57,552.41, if the $70,000 estimated tax payment
were available as a carryover.
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