Simon L. and Patricia M. Richard - Page 11

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          installment agreement were instead applied by respondent to a               
          1991 liability which was itself invalidly assessed after                    
          expiration of the period of limitations on assessment for 1991.             
          Moreover, petitioners contend, overpayment credits from their               
          1995 and 1996 taxable years of $1,849 and $1,829.58,                        
          respectively, as well as levies in 1996 and 1997, were likewise             
          applied by respondent against the invalidly assessed liability              
          for 1991, and those credits and levies should have been available           
          to satisfy the 1993 liability that respondent now asserts.                  
               Our review of the record in this case, including the Forms             
          4340 covering petitioners' 1991 through 1997 taxable years,                 
          persuades us that petitioners are correct in asserting that                 
          respondent improperly applied their 1993 installment agreement              
          payments against a 1991 liability (and, to a small extent, a 1992           
          liability).  The parties have stipulated that petitioners had an            
          installment agreement to pay their 1993 income tax liability and            
          that petitioners made some payments thereunder (although neither            
          party produced a copy of the agreement).  The Form 4340 for 1993            
          does not record any payments' having been credited against that             
          year's liability, however.  Mr. Richard's uncontradicted                    
          testimony was that the 1993 installment agreement was entered               
          into in 1998.  The Form 4340 for 1991 records a payment credited            
          against that year's liability of $337 on July 19, 1998, followed            







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