- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011