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noted, supra, petitioners do not contest respondent’s nonfraud
deficiency determinations.9 Additionally, petitioners contended
in their petitions that several alleged overpayments and a refund
should be applied against their liabilities in both their
deficiency case and in their levy case. We address those
contentions in the portion of this opinion addressing their levy
case below.
The Levy Case at Docket No. 9452-00L
The issue we must decide in the case at docket No. 9452-00L
is whether respondent may proceed with the collection of
petitioners’ tax liabilities for the years in issue pursuant to
section 6330.
The two notices of determination address self-reported
liabilities, as well as accrued interest and statutory additions
to tax, for petitioners’ 1989, 1990, 1991, 1992, 1993, and 1996
taxable years. The two notices of determination do not address
the deficiencies and penalties in the case at docket No. 7464-00.
Petitioners contend that respondent should have credited an
alleged refund and several alleged overpayments against the
liabilities for the years in issue. Petitioners allege that
there was an overpayment of Federal income tax for their 1992
9We note that respondent made adjustments to petitioners’
capital gain and dividend income in the notice of deficiency,
reallocating income between those two categories. Petitioners
did not contest this issue and it is deemed to be conceded. See
Rule 34(b)(4); Nicklaus v. Commissioner, 117 T.C. 117, 120 n.4
(2001).
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