- 11 - lead us to believe that respondent’s actions rise to the level of “affirmative misconduct”. We sustain respondent’s determinations to proceed with collection of the income tax liabilities for the years in issue. Mrs. Lah also argued in her amended petition that the $12,804 from the bankruptcy proceeding should have been credited to the tax liabilities for the years in issue. We have found that this amount was paid to respondent for the claim of administrative taxes incurred by petitioners’ bankruptcy estate during the chapter 11 proceeding. This payment was an involuntary payment and is not allowed to be applied as designated by the taxpayer. Amos v. Commissioner, 47 T.C. 65, 69 (1966). In reaching our holdings herein, we have considered all arguments made, and to the extent not mentioned above, we conclude them to be moot, irrelevant, or without merit. To reflect the foregoing, Decisions will be entered for respondent. agency guideline&”, in addition to the traditional elements. Fisher v. Peters, 249 F.3d 433, 444-445 (6th Cir. 2001) (quoting Ingalls Shipbuilding, Inc. v. Director, Office of Workers’ Comp. Programs, 976 F.2d 934, 938 (5th Cir. 1992)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011