John J. and Mary Frances Maloney - Page 5

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               jurisdiction.  He wanted the overpayments transferred                  
               to this year.  The taxpayers were sent Publication                     
               3598, The Audit Reconsideration Process, to help them                  
               pursue these adjustments.                                              
          Respondent determined that no collection alternatives were                  
          offered and that the levy should proceed for 1984.  Also, on                
          April 4, 2002, respondent issued a notice of determination to Mr.           
          Maloney with respect to his unpaid tax for 1995.  Respondent                
          determined that Mr. Maloney’s FICA claims were for years other              
          than 1995, that Mr. Maloney could pursue those claims through the           
          audit reconsideration process, that no collection alternatives              
          had been offered, and that the levy should proceed.                         
               Petitioners did not file, within the applicable statutory              
          period, a claim for refund or credit for FICA taxes that they               
          claim to have overpaid between 1984 and 1989.  Petitioners did              
          submit to respondent several letters requesting respondent to               
          recalculate their FICA withholdings for years other than 1984 and           
          1995 and to apply what petitioners alleged to be excess FICA                
          withholdings to their outstanding balances for 1984 and 1995.2              

               2In a letter to respondent dated Jan. 4, 2000, Mr. Maloney             
          stated his belief that he did not owe any tax, listed approximate           
          amounts of FICA taxes that he claimed he had overpaid, and asked            
          respondent to apply the claimed overpayments to any outstanding             
          liabilities.  This letter did not identify any particular tax               
          year.  In a letter dated Dec. 18, 2000, Mr. Maloney advised                 
          respondent of his position that he did not owe any tax for 1984.            
          This letter is the same letter which is attached to the Forms               
          12153, Request for a Collection Due Process Hearing, for 1984 and           
          1995.  In a letter dated Feb. 25, 2002, addressed to respondent,            
          Mr. Maloney asked respondent to calculate excess FICA                       
                                                             (continued...)           





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