John B. Roberts, Jr., and Jean Roberts - Page 6

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          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 abuse           




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