- 7 - agreement would be applied first to petitioners’ 1994 liability until such liability was extinguished and then to petitioners’ 1990 liability. Additionally, petitioners contend that, but for respondent’s misapplication of the payments to petitioners’ 1990 liability, the payments would have extinguished petitioners’ 1994 liability, and petitioners would not have incurred the related penalties and interest. Furthermore, petitioners contend that their position is supported by the installment agreement’s listing of the 1994 tax year before the 1990 tax year and by respondent’s application of six payments during 1996 and 1997 to petitioners’ 1994 liability. Respondent contends that, with the exception of several payments applied to petitioners’ 1994 tax liability while respondent considered the offer-in-compromise with respect to petitioners’ 1990 tax year, petitioners’ payments were applied to the earliest tax year covered by the installment agreement; i.e., 1990, in accordance with respondent’s standard operating procedures. Accordingly, respondent contends that respondent properly applied petitioners’ payments in the best interest of the United States pursuant to the terms of the installment agreement and that the determination of respondent’s Appeals Office was not an abuse of discretion. The record does not support petitioners’ contentions. Payments not applied to petitioners’ 1994 liability were appliedPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011