John Huntz Leineweber - Page 13

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          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.  Petitioner             






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