- 9 - Regardless of respondent’s assertions about the unpaid liabilities, petitioners paid amounts that in fact were due and owing. The payments were applied by respondent. Petitioners have not established that payments were misapplied. Making payments of a legally due tax does not constitute detrimental reliance. Hudock v. Commissioner, 65 T.C. 351, 364 (1975). Since at least one element of collateral estoppel has not been satisfied, respondent is not collaterally estopped from proceeding in this case. We sustain respondent’s determination to proceed with collection of the income tax liabilities for the years in issue. An appropriate decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011