Josef and Marie Lah - Page 8

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                                     Discussion                                       
               In general, a taxpayer making a voluntary payment has the              
          right to direct its application to whatever tax liability he                
          chooses.6  Muntwyler v. United States, 703 F.2d 1030, 1032 (7th             
          Cir. 1983); O’Dell v. United States, 326 F.2d 451, 456 (10th Cir.           
          1964); Bierhaalder v. Commissioner, T.C. Memo. 1995-307; cf. Rev.           
          Rul. 73-305, 1973-2 C.B. 43 (if the taxpayer does not provide               
          specific instructions as to the application of the partial                  
          payment, the Commissioner will apply the payment to tax, penalty,           
          and interest to the earliest period first).7                                
               Petitioners argue that certain payments made under the                 
          installment agreement were improperly credited to the TFRP                  
          liabilities rather than to their income tax liabilities for the             
          years in issue.  Petitioners allege that they would have                    
          continued to designate their payments to their income tax                   
          liabilities if they had not received respondent’s September 26,             
          1996, letter.  In effect, petitioners contend that respondent               
          should be equitably estopped from proceeding with collection                



               6  The payments made pursuant to the installment agreement             
          herein are voluntary payments.  See Amos v. Commissioner, 47 T.C.           
          65, 69 (1966).                                                              
               7  Rev. Rul. 73-305, 1973-2 C.B. 43, was superseded by Rev.            
          Proc. 2002-26, 2002-1 C.B. 746, which provides that unless the              
          taxpayer provides specific written directions as to the                     
          application of the payment, the Commissioner will apply the                 
          payments that “will serve its best interest.”                               





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