John Huntz Leineweber - Page 3

                                        - 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