- 6 -
would be returned to the service center for further processing,
and that collection activity would recommence.3
1999 Tax Liabilities
Petitioner filed his 1999 Federal income tax return on May
17, 2001. Petitioner reported an income tax liability of $9,417
and withheld income tax of $9,450.43 and claimed an overpayment.4
However, because the 1999 return was filed late, respondent
assessed interest and a late filing addition to tax on September
10, 2001. The 1999 tax liability at issue in this case consists
3Various collection notices, including a notice of intention
to levy, had been sent to petitioner with respect to his 1995 and
1996 tax liabilities before petitioner filed his appeal in April
2001.
4On his 1999 return, petitioner claimed total tax payments
for 1999 of $12,400.56, consisting of withholding credits of
$9,450.43 and estimated tax payments and/or an amount applied
from his 1998 return of $2,950.13, a total tax liability of
$9,417, and an overpayment of $2,983.56. Although respondent
credited the withheld income tax of $9,450.43 against
petitioner’s reported tax liability of $9,417 for 1999,
respondent did not credit any estimated tax payments or any
overpayment from 1998 against petitioner’s 1999 tax liability.
Because the parties did not include a copy of petitioner’s 1998
return in the record, we cannot ascertain whether petitioner
claimed an overpayment for 1998. We note, however, that the Form
4340, Certificate of Assessments, Payments, and Other Specified
Matters, for 1995 that was admitted into evidence by stipulation
shows an overpayment credit of $2,609.30 from 1998 that was
applied to reduce petitioner’s 1995 tax liability on Apr. 15,
1999. We assume, therefore, that petitioner claimed an
overpayment on his 1998 return that was allowed, at least in
part, as a credit against his 1995 tax liability. Petitioner
does not assert that respondent failed to give him credit for his
1998 overpayment, nor did he introduce any evidence to prove that
respondent incorrectly applied petitioner’s tax payments.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011