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loss because petitioners still owned the property. On May 7,
1999, respondent issued a notice of deficiency disallowing the
deductions and determining a deficiency of $30,771.
C. Petitioners' Tax Court Case
On August 9, 1999, petitioners filed a petition with this
Court seeking a redetermination of the 1995 tax deficiency
determined by respondent. Prior to trial, respondent conceded
the issue pertaining to petitioners' medical expenses on Schedule
A. At trial, the Court entered a decision for respondent
sustaining the disallowance of the casualty or theft loss.
Eberhardt v. Commissioner, T.C. Summary Opinion 2000-163.
Petitioners filed a Motion for Reconsideration which was denied.
Subsequently, respondent assessed the tax deficiency and
interest.
D. Respondent's Collection Efforts
On April 15, 2001, respondent withheld petitioners' 2000
Federal income tax refund of $754.22 and applied it to their
outstanding 1995 tax liability. Between April 23, 2001, and July
2, 2001, respondent mailed to petitioners three separate notices
of balance due with respect to the unpaid liability. On December
3, 2001, respondent withheld petitioners' midyear 2000 refund of
$600 and applied it to petitioners' outstanding 1995 tax
liability.
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