Barbara Deaton - Page 2

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                    1.  Held:  R’s Appeals Office’s determinations that Ps’           
               April 1994 remittance was a payment rather than a deposit              
               and that the amount Ps sought to apply to their post-1993              
               tax liabilities therefore had been paid outside the                    
               “lookback” period of sec. 6511(b)(2)(A), I.R.C., that is               
               applicable to Ps’ Jan. 2000 request for credit are                     
               sustained.                                                             
                    2.  Held, further, R’s Appeals Office’s                           
               determination to allow the proposed levy to proceed is                 
               sustained.                                                             


               Lawrence R. Jones, Jr., for petitioners.                               
               Marty J. Dama, for respondent.                                         


                                 MEMORANDUM OPINION                                   
               HALPERN, Judge:  These cases are before the Court to review            
          determinations made by respondent’s Appeals Office (Appeals) that           
          respondent may proceed to collect by levy unpaid income taxes               
          assessed against petitioners for 1994, 1995, and 1996.1  We                 
          review those determinations pursuant to section 6330(d)(1).2                



               1  Petitioners are husband and wife who made joint returns             
          of income for the years in issue and for 1993.  Due to petitioner           
          husband’s bankruptcy, respondent made separate determinations to            
          proceed with collection with respect to each petitioner, and each           
          petitioner filed a separate petition.  We have consolidated the             
          two resulting cases.  The issues and arguments are the same in              
          each case.                                                                  
               2  Unless otherwise indicated, all section references and              
          references to the Code are to the Internal Revenue Code of 1986,            
          as amended, and all Rule references are to the Tax Court Rules of           
          Practice and Procedure.                                                     





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