- 3 - On February 9, 2001, respondent issued a Form 1058, Final Notice--Notice of Intent to Levy and Notice of Your Right to a Hearing. Petitioner timely submitted Form 12153, Request for a Collection Due Process Hearing (administrative hearing). Petitioner did not dispute his liability for the 1997 tax deficiency. Instead, he disputed his responsibility to make payment because he believed that the 1997 overpayment should have been used to satisfy the 1997 income tax deficiency rather than offset against his 1987 tax liability. Specifically, petitioner claimed respondent erred in applying the 1997 overpayment to his 1987 tax liability. Petitioner mistakenly believed the collection period for his 1987 liability had expired in May 1997; however, the period did not in fact expire until July 8, 2001. Under this erroneous belief, petitioner claimed the 1997 overpayment should have been applied to the 1997 tax liability. In addition to requesting a hearing, petitioner requested the assistance of the Taxpayer Advocate and his congressional representatives in resolving this matter. The Taxpayer Advocate conducted an investigation and determined the Commissioner was correct in applying the 1997 credits to petitioner’s 1987 account. The Taxpayer Advocate verified that the 1987 collection period expired on July 8, 2001, and could see no reason to issue a refund from the 1987 account.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011