John P. and Sharon Lynn - Page 7

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          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 applied            






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