Howard and Everlina Washington - Page 8




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               for 1998, the refund due us from 1997 that was applied                 
               to a year charged off, was reclaimed as a deduction in                 
               1998.  Evidently your account specialist did not agree                 
               with our accountant’s reclaiming that refund, so arose                 
               the outstanding tax debt.  [Reproduced literally.]                     
               On May 14, 2001, respondent held a telephonic Appeals Office           
          hearing with petitioners.  On August 9, 2001, the Appeals Office            
          mailed to petitioners a notice of determination regarding the               
          Federal tax lien that respondent had filed with respect to                  
          petitioners’ unpaid liability for each of their taxable years               
          1994, 1995, and 1998.  That notice stated in pertinent part:                
               Summary of Determination                                               
               You protested the filing of the Notice of Federal Tax                  
               Lien (NFTL) because you believed 1994 and 1995 tax                     
               years had been discharged in a bankruptcy proceeding.                  
               The 1998 tax liability is also in dispute.                             
               You are incorrect in your assumption that 1994 and 1995                
               were discharged in bankruptcy.  They did not qualify as                
               dischargeable debts and survived the bankruptcy.  The                  
               liability for 1998 arose from a disallowed deduction                   
               and is considered a valid liability.                                   
               *       *       *       *       *       *       *                      
               Relevant Issues Presented by the Taxpayer:                             
               You believe the 1994 and 1995 liabilities were dis-                    
               charged under the bankruptcy proceeding docketed as 98-                
               43339.  The bankruptcy petition was filed on 05/08/1998                
               and listed these and prior years.  The discharge was                   
               dated 09/28/1998.  Thus, the lien for these two years                  
               would be erroneous.                                                    
               You further believe that a refund due to you for tax                   
               year 1997 was improperly applied to the liability for                  
               1990, a year that was discharged.  When you filed your                 
               1998 return you claimed the amount of the refund as a                  
               deduction.  This claim was disallowed and the liability                
               arose.  It is your contention that the refund is due to                





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