Philip L. and Sara N. Eckert - Page 2

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          Petitioners object to respondent’s proposed collection activity             
          upon the ground that their 1994 Income tax liability has been               
          fully paid.                                                                 
          Background                                                                  
               Some of the facts in this case have been stipulated and are            
          so found.  At the time the petition was filed, petitioners                  
          resided in O’Fallon, Illinois.  References to petitioner are to             
          Philip L. Eckert.                                                           
               For years prior to 1994 petitioners owned 100 percent of the           
          shares of, and operated Southwestern Illinois Family and                    
          Children’s Testing and Therapy Clinic, Inc. (Southwestern).  For            
          periods during 1992 through 1995, Southwestern had unpaid Federal           
          employment tax liabilities that totaled $26,000 (employment tax             
          liabilities).2                                                              
               During March 1996, petitioner delivered to respondent three            
          checks in the amounts of $10,000, $15,000, and $1,000, for a                
          total of $26,000.  Each of the three checks contained                       
          petitioner’s Social Security number and the notation “Pay only to           
          IRS”.  None of the checks specifically identified the liability             
          to which the check related.  Respondent applied the $26,000                 
          received from petitioner to Southwestern’s $26,000 unpaid                   
          employment tax liabilities.                                                 



               2 All amounts are rounded to the nearest dollar.                       





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