Howard and Everlina Washington - Page 5




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               (a) debts dischargeable under 11 U.S.C. � 523(a);                      
               (b) debts alleged to be excepted from discharge                        
               under 11 U.S.C. � 523(a)(2),(4),(6) or (15)                            
               unless determined by this court to be                                  
               nondischargeable;                                                      
               (c) debts determined by this court to be                               
               discharged.                                                            
               On April 15, 1999, petitioners jointly filed Form 1040 for             
          their taxable year 1998 (1998 return).  In their 1998 return,               
          petitioners (1) reported a total tax of $3,390.24, (2) reduced              
          that amount by (a) $399.96, which represented tax previously                
          withheld, and (b) $1,741, which represented petitioners’ 1997               
          overpayment,6 and (3) reported that they owed $1,249.28 in tax              
          for their taxable year 1998.  When petitioners filed Form 1040              
          for their taxable year 1998, they did not pay the amount of tax             
          that they owed for that year.                                               
               On June 21, 1999, respondent assessed petitioners’ tax, as             
          well as any penalties and interest as provided by law, for their            
          taxable year 1998.                                                          
               On January 26, 2001, respondent filed a notice of Federal              
          tax lien in New York County, New York, with respect to petition-            
          ers’ taxable years 1994, 1995, and 1998.  That notice showed in             
          pertinent part:                                                             


               6Respondent did not apply petitioners’ 1997 overpayment as a           
          credit against the total tax reported in petitioners’ 1998                  
          return.  That is because, as we found above, respondent had                 
          previously applied that overpayment as a credit against                     
          petitioners’ unpaid 1990 liability.                                         




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