- 13 - determining that the 1987 collection period did not expire until July 8, 2001. Accordingly, using the 1997 overpayment as an offset to satisfy petitioner’s 1987 tax liability was proper. What remains for our decision is whether respondent’s determination to proceed with collection was an abuse of discretion. Sec. 6330(d). The Appeals officer considered petitioner’s argument that the 1997 overpayment should have been used to satisfy petitioner’s 1997 income tax deficiency instead of its use as an offset to satisfy petitioner’s 1987 tax liability. Section 6402 allows the Secretary to credit the amount of an overpayment against any liability in respect of an internal revenue tax on the part of the person who made the overpayment. Such offset does not preclude the Internal Revenue Service from making a later determination or assessment with regard to the overpayment year. Owens v. Commissioner, 50 T.C. 577, 583 (1968); Clark v. Commissioner, 158 F.2d 851 (6th Cir. 1946). The Appeals officer verified that respondent had complied with all legal and procedural requirements pertaining to the proposed levy. Petitioner did not challenge the appropriateness of the intended method of collection or offer a collection alternative. Also, petitioner did not raise any other defenses to collection. Consequently, the Appeals officer determined the proposed levy was legally and procedurally correct. PetitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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