T.C. Memo. 2005-1 UNITED STATES TAX COURT BARBARA DEATON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent RONNY DEATON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 12375-01L, 11121-02L. Filed January 3, 2005. In April 1994, Ps filed a request to extend the time for filing their 1993 Federal income tax return and remitted $125,000 therewith. Ps did not file their 1993 return until Jan. 10, 2000, reporting an overpayment of $50,221 thereon. On their 1994-96 returns (also filed on Jan. 10, 2000), Ps sought to apply that overpayment to their 1994-96 tax liabilities. R did not honor Ps’ request, on the ground that the amount Ps sought to so apply had been “paid” in April 1994, which is outside the “lookback” period of sec. 6511(b)(2)(A), I.R.C., that is applicable to Ps’ Jan. 2000 request for credit. R subsequently issued a Notice of Intent to Levy with respect to Ps’ 1994-96 taxable years, and Ps timely requested a collection due process hearing. R’s Appeals Office sustained the proposed levy and issued a Notice of Determination to that effect to each of P-H and P-W.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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