Llwellyn Greene-Thapedi - Page 6

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          summary judgment, holding that “petitioner was provided with a              
          meaningful opportunity for a collection due process hearing in              
          this case.”                                                                 
          Petitioner’s Motion To Add 1999 Taxable Year to This Proceeding             
               Respondent’s just-described motion for partial summary                 
          judgment indicated, among other things, that after the filing of            
          the petition, respondent had offset a $10,633 overpayment from              
          petitioner’s 1999 income tax account against petitioner’s 1992              
          tax liability, resulting in full payment of petitioner’s 1992               
          liability.8  On December 3, 2002, petitioner filed a motion for             
          leave to amend her petition to add taxable year 1999 to this                
          proceeding.  In her motion, petitioner stated that she had been             
          “caught by surprise” by the information in respondent’s motion              
          that respondent had offset her 1999 overpayment against her                 
          alleged 1992 tax liability.  By Order dated January 30, 2003,               
          this Court denied petitioner’s motion for leave to amend her                
          petition.  The Order stated:                                                
               Respondent contends, and we agree, that petitioner is                  
               not permitted to dispute in this collection review                     
               proceeding respondent’s application of an overpayment                  


               8 The record does not conclusively establish when the offset           
          occurred.  On brief, respondent proposes as a finding of fact               
          that the offset occurred on or about May 19, 2001, “subsequent to           
          the filing of the petition in this case.”  (In fact, the original           
          petition was filed on June 22, 2001.)  This proposed finding of             
          fact appears inconsistent with respondent’s responses to                    
          petitioner’s interrogatories, in which respondent stated that the           
          offset occurred “during the week beginning October 6, 2002.”                




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