- 4 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011