Simon L. and Patricia M. Richard - Page 19

                                       - 18 -                                         
          liability merely preserved their character as overpayments.  See            
          sec. 6401(a); Ill. Masonic Home v. Commissioner, 93 T.C. 145, 150           
          (1989); Diamond Gardner Corp. v. Commissioner, supra at 881 ("any           
          payment by a taxpayer of a [time-]barred tax liability, whether             
          voluntary or involuntary, automatically becomes an                          
          'overpayment'").                                                            
               Finally, petitioners contend, and the 1991 Form 4340                   
          confirms, that respondent made levies of $387.49 and $120.43                
          against petitioners in 1996 and 1997 that were applied against              
          the 1991 quick assessment liability after its April 15, 1995,               
          extinguishment.  As a consequence, the payments made pursuant to            
          these levies became overpayments.  See sec. 6401(a); Diamond                
          Gardner Corp. v. Commissioner, supra.                                       
               Petitioners made payments of $2,617 under the 1993                     
          installment agreement that respondent should have applied to                
          their 1993 liability.14  Petitioners' overpayments of $1,849 and            
          $1,829.58 for 1995 and 1996, respectively, are also available to            
          offset, as of April 15, 1996, and April 15, 1997, respectively,             
          all or a portion of the 1993 and 1997 liabilities that respondent           
          has sought to collect.  The levies of $387.49 and $120.43 in 1996           

               14 Alternatively, even if respondent were permitted to apply           
          petitioners' payments under the 1993 installment agreement to               
          liabilities arising in other years, respondent's application of             
          the 1993 installment agreement payments to the extinguished 1991            
          liability would have converted those payments to overpayments,              
          pursuant to sec. 6401(a), making them available to satisfy the              
          1993 and 1997 liabilities sought to be collected herein.                    





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