- 5 - (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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011