Philip L. and Sara N. Eckert - Page 6

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          February 18, 2004, respondent once again filed a Notice of                  
          Federal Tax Lien with respect to petitioners’ 1994 tax liability.           
          Discussion                                                                  
               Petitioners do not allege any irregularities in the                    
          assessment process of their 1994 tax liability, and we are                  
          satisfied that there were none.  Furthermore, petitioners do not            
          claim that respondent has failed to satisfy any of the                      
          requirements of section 6320 or section 6330, and we are                    
          satisfied that respondent has satisfied all of those                        
          requirements.  Instead, the dispute between the parties in this             
          case focuses primarily on whether petitioners have fully paid               
          their 1994 tax liability.  According to respondent, they have               
          not, and respondent has determined to collect the outstanding               
          portion of that liability by levy and through the notice of tax             
          lien.  Because the amount or existence of petitioners’ 1994                 
          liability is properly at issue, we review de novo respondent’s              
          determination as to the existence of that liability.4  Boyd v.              
          Commissioner, 117 T.C. 127, 131 (2001); Landry v. Commissioner,             
          116 T.C. 60, 62 (2001).                                                     
               At the administrative hearing, petitioner claimed that all             
          three of the checks delivered to respondent in March 1996 were              
          intended in satisfaction of petitioners’ 1994 tax liability and             


               4 Respondent agreed to apply the $10,200 money order sent by           
          petitioners in July 2001 to the 1994 tax liability.                         





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