David E. Caruso, Jr. and Barbara Caruso - Page 4

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          6651(a)(2) addition to tax of $15,266.75, and a section 6654(a)             
          addition to tax in the amount of $3,917.03.  On May 27, 2003,               
          petitioners were assessed a tax liability of $82,820 plus                   
          interest.2  In a letter dated May 23, 2003, petitioners requested           
          relief of the additions to tax and interest charges and included            
          payment of $82,820 of the amount assessed by respondent.3                   
               On August 2, 2003, respondent notified petitioners of an               
          intent to levy with respect to petitioners’ unpaid tax liability            
          for 1999.  The notice listed $61,689.39 due for 1999.                       
               Petitioners filed a timely Form 12153, Request for a                   
          Collection Due Process Hearing.  In their request, petitioners              
          stated they contested the levy because their tax was fully paid,            
          and they had previously requested abatement of additions to tax             
          and interest by the IRS.  Petitioners attached the letter, dated            


               2Respondent’s assessment disallowed the $297 tax credit for            
          child and dependent care expenses petitioners claimed on their              
          tax return because petitioners did not include a correct Social             
          Security number, employer identification number, or IRS                     
          individual taxpayer identification number for their child care              
          provider; therefore, the tax assessed was $297 higher than the              
          amount reported on petitioners’ Federal income tax return.                  
          Respondent, in a letter dated May 12, 2003, notified petitioners            
          of the error and gave petitioners an opportunity to supply the              
          correct information.  Petitioners did not respond to the letter             
          and did not challenge the adjustment.                                       
               3The assessment petitioners received from respondent, dated            
          May 27, 2003, listed the tax liability, additions to tax, and               
          interest owed as of that date; however, it did not indicate                 
          receipt of the $82,820 petitioners sent.  Because the assessment            
          notice was mailed a mere 4 days after petitioners mailed their              
          payment, it appears to the Court that respondent had no notice of           
          this payment prior to the assessment.                                       




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