- 13 - On July 24, 2000, the IRS issued a Statutory Notice of Intent to Levy to Mr. Barrera and petitioner with respect to their unpaid tax liability for taxable year 1998 (1998 collection notice).7 Petitioner did not read the 1998 collection notice from the IRS. During her marriage, petitioner would not open letters jointly addressed to both her and Mr. Barrera because Mr. Barrera took care of all jointly addressed correspondence and petitioner felt such letters were for Mr. Barrera. Petitioner recalled that letters from the IRS had come to the house during this time, but because such letters were addressed to petitioner and Mr. Barrera jointly, they went straight to Mr. Barrera. Petitioner and Mr. Barrera timely filed joint returns for taxable years 2001 and 2002 showing adjusted gross income of $2,108 and $24,886, respectively. The taxes reported as owed on the returns were timely paid. Petitioner was the sole earner in her family during 2001 and 2002 and due to excess withholding from her job at Capretto Shoes and credits, she had overpayment credits of $2,804 and $3,288 with respect to her income taxes for 2001 and 2002, respectively. Respondent did not refund these overpayment credits to petitioner, but instead transferred the 7 The 1998 collection notice was not in respondent’s administrative record and was not presented as evidence at trial. Respondent introduced Form 4340, Certificate of Assessments, Payments, and Other Specified Matters, dated May 4, 2004, for taxable year 1998 to show that the 1998 collection notice was issued to Mr. Barrera and petitioner on July 24, 2000.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007