- 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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