David E. and Susana V. Judd - Page 10

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         delinquencies or to refund them to the taxpayer”); Kalb v. United            
         States, 505 F.2d 506, 509 (2d Cir. 1974) (rejecting the argument             
         that because tax overpayment was voluntary, IRS was bound to                 
         comply with the taxpayer’s direction about how to apply that                 
         payment; section 6402(a) “clearly gives the IRS discretion to                
         apply a refund to ‘any liability’ of the taxpayer”).                         
              Clearly, petitioners’ right to designate payments does not              
         extend to overpayments.  Respondent’s application of petitioners’            
         1995 overpayment to their 1985 liability falls within his                    
         authority to credit overpayments to any liability for any tax                
         year and was, therefore, proper.                                             
         2.   Whether the Appeals Officer Abused Her Discretion in                    
         Sustaining the Proposed Levy                                                 
              Section 6330(c) prescribes the matters that a person may                
         raise at an Appeals Office hearing.  Section 6330(c)(2)(A)                   
         provides that a person may raise collection issues such as                   
         spousal defenses, the appropriateness of the Commissioner’s                  
         intended collection action, and possible alternative means of                
         collection.  See Sego v. Commissioner, 114 T.C. 604, 609 (2000);             
         Goza v. Commissioner, 114 T.C. 176, 180 (2000).                              
              The taxpayer may raise challenges “to the existence or                  
         amount of the underlying tax liability”, however, only if he “did            
         not receive any statutory notice of deficiency for such tax                  
         liability or did not otherwise have an opportunity to dispute                
         such tax liability.”  Sec. 6330(c)(2)(B).  Pursuant to section               





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