John J. and Mary Frances Maloney - Page 6

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                                       OPINION                                        
               This case involves determinations under section 6330 to                
          proceed with proposed levies to collect petitioners’ unpaid tax             
          for 1984 and Mr. Maloney’s unpaid tax for 1995.  A taxpayer is              
          entitled to notice before levy and notice of the right to a fair            
          hearing before an impartial officer of the Internal Revenue                 
          Service (IRS) Office of Appeals.  Secs. 6330(a) and (b) and                 
          6331(d).  If the taxpayer requests a hearing, he may raise in               
          that hearing any relevant issue relating to the unpaid tax or the           
          proposed levy, including appropriate spousal defenses, challenges           
          to the appropriateness of the collection action, and offers of              
          collection alternatives.  Sec. 6330(c)(2).                                  
               Petitioners’ only argument is that they overpaid their FICA            
          taxes in 1984 through 1990, and those overpayments should be                
          applied to their outstanding tax liabilities for 1984 and 1995.             
          Respondent argues that petitioners cannot seek redetermination of           
          their 1984 tax liability, that they did not timely request credit           
          for any overpaid FICA taxes for 1984 through 1990, and that he              



               2(...continued)                                                        
          withholdings for 1985 through 1990 and to apply the excess to his           
          outstanding liability for 1984.  Also, in a letter dated Feb. 25,           
          2002, addressed to respondent, Mr. Maloney asked respondent to              
          calculate excess FICA withholdings for 1985 through 1990, and to            
          apply the excess to his outstanding liability for 1995.  On Mar.            
          16, 2002, petitioners requested audit reconsideration for 1984,             
          and Mr. Maloney requested audit reconsideration for 1995,                   
          regarding their claimed excess FICA payments.                               





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