Donald R. Cooley and Cathy A. Cooley - Page 24

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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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