Leonard T. and Bonnie S. Whitfield - Page 10

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               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.                    























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