John R. Peacock - Page 3

                                        - 3 -                                         
          “assignment”, deducted $92,923.47 from petitioner’s wages.  In an           
          attempt to determine where the $92,923.47 had been sent, the                
          Appeals officer wrote to United and to the California Franchise             
          Tax Board.                                                                  
               On the basis of respondent’s records and those provided by             
          the State of California, the Appeals officer determined that levy           
          payments totaling $53,476.27 and $5,965.54 had been applied to              
          petitioner’s 1992 and 1994 income tax accounts, respectively, and           
          that in 1998 the State of California had received $12,109.23 in             
          levy payments relating to petitioner’s State income tax                     
          liabilities.  United and petitioner did not provide any                     
          documentation of payments received by respondent other than the             
          payments reflected on respondent’s records.                                 
               On February 7, 2002, respondent sent petitioner a Notice of            
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330 relating to 1994.  In response, on March 18, 2002,              
          petitioner, while residing in San Diego, California, filed his              
          petition with the Court.                                                    
                                       OPINION                                        
               Petitioner contends that respondent erred in determining               
          his 1994 tax liability because respondent used “married filing              
          separately” filing status rather than “married filing jointly”              
          status.  Petitioner, however, received a statutory notice of                
          deficiency relating to 1994 and, thus, is precluded from raising            






Page:  Previous  1  2  3  4  Next

Last modified: May 25, 2011