- 6 - penalties and interest. Also on September 7, 1998, notice and demand for payment of the 1997 income tax liability was sent to petitioners. However, petitioners failed to pay the amount due. Petitioners’ 1999 Federal income tax return reported tax of $951, withholding credits of $746, and a balance due of $205. On May 22, 2000, respondent assessed the tax reported by petitioners in their 1999 return, along with penalties and interest. Also on May 22, 2000, notice and demand for payment of the 1999 income tax liability was sent to petitioners. However, petitioners failed to pay the amount due. In 1999, petitioners filed Form 1040X, Amended U.S. Individual Income Tax Return, for taxable year 1990 in which they claimed their tax liability should be reduced. Respondent accepted the Form 1040X as filed. In other words, respondent agreed with petitioners that their tax liability for 1990 should be reduced to the amount reported on the Form 1040X, $3,814. As a result, no controversy exists as to the amount of petitioners’ 1990 income tax liability. Respondent’s acceptance of the Form 1040X changed the application of payments petitioners had previously made on their tax liabilities. Because assessment of petitioners’ excess 1990 tax liability, related penalties, and interest was abated, petitioners’ prior payments on the original 1990 tax liability, penalties, and interest were credited to petitioners’ other taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011