126 T.C. No. 1 UNITED STATES TAX COURT LLWELLYN GREENE-THAPEDI, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 7940-01L. Filed January 12, 2006. In her original petition, P challenged R’s notice of determination sustaining a proposed levy to collect P’s 1992 income tax. She contended, among other things, that R had failed to make a timely assessment of her 1992 tax liabilities and had included excessive interest accruals in her 1992 balance due; she sought a refund of certain amounts previously paid with respect to her 1992 account. After the petition was filed, P’s 1992 balance due was eliminated by R’s offset of P’s 1999 overpayment, pursuant to sec. 6402(a), I.R.C. P amended her petition in the Tax Court, seeking an increased refund. Held: Inasmuch as R agrees that there is no unpaid 1992 tax liability upon which a levy could be based and that no further collection action should be taken, P’s challenges to the proposed levy are moot. Held, further, this Court lacks jurisdiction in this collection review proceeding to determine an overpayment or to order a refund or credit of taxes. Held, further, this case will be dismissed as moot.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011