Carl Stuart Brandon and Ann Stuart Brandon - Page 6




                                        - 5 -                                         
                                     Discussion                                       
               The positions of the parties are simple and diametrically              
          opposed:  Respondent has determined the amounts at issue to be              
          outstanding, while petitioners state that the amounts have been             
          paid.                                                                       
               Upon review of the record, the Court finds that there are              
          two controversial items on which this case turns.  The first is:            
          What is the effect, if any, of the amended return submitted on              
          August 14, 1995, for the 1991 tax year claiming an overpayment              
          credit of $8,742?  The second is:  What is the significance of              
          petitioners' claims of estimated tax payments of $11,062 on their           
          1995 return and $4,908 on their 1996 return?                                
               Because petitioners failed to take advantage of their                  
          opportunity to dispute their tax liability for 1993, they may not           
          do so now.  See sec. 301.6330-1(e)(3), Q&A-E2, (f)(1), Q&A-F5,              
          Proced. & Admin. Regs.; see also Aguirre v. Commissioner, 117               
          T.C. 324 (2001).  Where the validity of the tax liability is not            
          properly part of the appeal, the taxpayer may challenge the                 
          determination of the Appeals officer for abuse of discretion.               
          Sego v. Commissioner, 114 T.C. 604, 609-610 (2000); Goza v.                 
          Commissioner, 114 T.C. 176, 181-182 (2000).  It has been held               
          that discretion can be abused by neglecting a significant                   
          relevant factor, by giving weight to an irrelevant factor, or by            
          considering only the proper factors but nevertheless making a               






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