Leonard T. and Bonnie S. Whitfield - Page 5

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          6, 1997, petitioners were advised that the $11,580 payment was              
          applied as follows:                                                         
                         Amount     Form      Tax Period                              
                    $1,692.15      1040      Dec. 31, 1983                            
                    1,238.86       1040      Dec. 31, 1984                            
                    142.14         1040      Dec. 31, 1988                            
                    3,004.40       1040      Dec. 31, 1990                            
               We also applied $3,587.49 to your Form 1040 for 1991                   
               and $1,914.96 to your Form 1040 for 1993.                              
               Petitioners subsequently received notices that they owed               
          taxes for the years 1991, 1992, and 1993.                                   
               Petitioners present two arguments.  They first assert that             
          the IRS misapplied payments made by them to other tax years.                
          Secondly, they argue that the letters from the IRS reflect that             
          petitioners’ outstanding accounts have been paid in full;                   
          therefore, petitioners conclude that there should be no tax                 
          liability.                                                                  
          Discussion                                                                  
               Section 6331(a) authorizes the Secretary to levy upon                  
          property and property rights of a taxpayer liable for taxes who             
          fails to pay those taxes within 10 days after the notice and                
          demand for payment is made.  Section 6331(d) provides that the              
          levy authorized in section 6331(a) may be made with respect to              
          “unpaid tax” only if the Secretary has given written notice to              
          the taxpayer 30 days before the levy.  Section 6330(a) requires             
          the Secretary to send a written notice to the taxpayer of the               






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