- 3 - With respect to the years at issue in this case, petitioners filed Federal income tax returns in which all or a portion of the taxes shown on the returns was not paid. Petitioners were assessed the taxes shown on their returns. No notice of deficiency was ever issued to petitioners for any of the years included in this petition, but petitioners are not challenging the underlying deficiencies. Instead, petitioners claim that their tax liabilities for the taxable years 1992, 1993, and 1997 have been fully satisfied by intermittent payments made throughout 1996 and 1997 and the application of overpayment credits from the years 1996 to 2000 and 2002. Petitioners also contend that their tax liability for the taxable year 1988 was fully satisfied during the 1990 bankruptcy through the collection by respondent of a second mortgage held by petitioner husband. Petitioners’ bankruptcy petition reflects the assignment of the second mortgage to the IRS to satisfy tax deficiencies for several preceding years, and petitioners claim the deficiencies satisfied by the assignment included 1988. Petitioner husband testified he intended all payments made throughout 1996 and 1997 to be applied against the 1992 deficiency because the 1988 deficiency was satisfied by the assignment; however, respondent applied them to both the 1988 and the 1992 deficiencies. Respondent does not dispute the receipt of periodic payments from petitioners but contends that the mortgage satisfaction did notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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