- 5 - alternatives. Petitioners were thereafter accorded an Appeals hearing by telephone. In that hearing, petitioners took the position that the IRS had applied the proceeds of the mortgage indebtedness identified in petitioners’ bankruptcy petition to the 1988 deficiency, and that application, combined with the periodic payments and applied overpayments, should have resulted in an overpayment of petitioners’ tax liabilities for all the years in question. A notice of determination was issued to petitioners in January 2003 concluding “the information provided does not warrant the abatement of any part of the tax liabilities.” With respect to the possibility of collection alternatives, the notice of determination stated that such relief was not available because petitioners had not filed an income tax return for the year 2001, nor were petitioners “making any estimated payments”. Petitioners filed a timely petition in this Court appealing the Appeals Office determination. The Court must decide whether petitioners are entitled to any relief from the Appeals Office determination. Where the underlying tax liability is properly at issue in the hearing, we review that issue on a de novo basis. Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). However, where the underlying tax liability is not at issue, as in this case, this Court reviews the determination to see whether there has been an abuse of discretion. Sego v. Commissioner, 114 T.C. 604 (2000). An abusePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011