David Ray and Linda Lee Harris - Page 7

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          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 tax             






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