- 24 - 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).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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