- 26 - Respondent issued the notice of deficiency on April 4, 2000, and the two notices of determination on August 8, 2000. When respondent issued the two notices of determination, respondent was aware that petitioners’ income tax for their 1992 taxable year was $39,498.02. Respondent’s records show that petitioners paid at least $42,714.42 for their 1992 taxable year, and, therefore, petitioners overpaid their taxes by $3,216.40 for their 1992 taxable year. We conclude from our analysis of respondent’s records that the Appeals officer did not properly consider petitioners’ payments for the 1992 taxable year against their liabilities in issue which respondent seeks to collect. Petitioners may challenge the existence or amount of their underlying tax liability pursuant to section 6330(c)(2)(B),10 which includes their “self-assessed” liabilities reported on their amended returns. Montgomery v. Commissioner, 122 T.C. __ (2004)(slip op. at 11-12). Consequently, we remand the instant case to the Appeals officer to credit petitioners’ $3,216.40 payment against the liabilities in issue. 10Sec. 6330(c)(2)(B) provides: (B) Underlying liability.–-The person may also raise at the hearing challenges to the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such liability.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011