- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011