Marty J. Meehan - Page 3

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          served a continuing wage levy (the continuing wage levy) on                 
          petitioner’s employer, the City of Oswego.  Pursuant to the                 
          continuing wage levy, petitioner’s employer regularly remitted              
          payments to respondent.  These remittances were applied against             
          petitioner’s 1988, 1989, 1991, 1992, and 1993 income tax                    
          liabilities.  At all times, petitioner was aware of the                     
          continuing wage levy.                                                       
               In December 2000, shortly before laying petitioner off, his            
          employer offered him $17,116 of severance pay, based on his years           
          of service, current wages, merit, and a waiver of any                       
          discrimination claim that he might have had against his employer.           
          Pursuant to the continuing wage levy, petitioner’s employer                 
          remitted $10,068 of the severance pay to respondent.3  His                  
          employer then applied $3,048 to petitioner’s current payroll                
          withholdings and paid petitioner the $4,000 balance.4                       


               2(...continued)                                                        
          In 1995, respondent filed a third Notice of Federal Tax Lien for            
          petitioner’s 1994 income tax liability.                                     
               3 As far as the record reveals, it would appear that this              
          amount was applied to petitioner’s 1988, 1989, 1991, 1992, or               
          1993 income tax liabilities, which were the subject of the                  
          continuing wage levy.                                                       
               4 Petitioner administratively protested the levy of his                
          severance pay with the Taxpayer Advocate’s Office.  On or about             
          Mar. 7, 2001, petitioner filed Form 911, Application for Taxpayer           
          Assistance Order to Relieve Hardship, wherein he requested that             
          respondent’s levy be released and that the $10,068 be returned.             
          On Mar. 29, 2001, the Taxpayer Advocate’s Office denied                     
          petitioner’s request for relief on the ground that petitioner had           
                                                             (continued...)           




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