Brad Daniel Clarke, Sr. - Page 6




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          petitioner could seek assistance with regard to the 2004 tax year           
          from the “TAO’s Office”.2                                                   
          On March 16, 2006, petitioner filed a petition for lien or                  
          levy action and for redetermination of a deficiency with this               
          Court.  Because respondent applied petitioner’s tax refund from             
          the year 2005 to his outstanding tax liabilities from 2004 as               
          well as from 1999, according to respondent petitioner no longer             
          has an unpaid tax liability for the year 2004 and owes                      
          approximately $282.03 for the 1999 tax year.                                
          Petitioner contends that respondent abused his discretion in                
          refusing to enter into a settlement agreement with him unless the           
          agreement included the 2004 tax year as well as the 1999 tax                
          year.  Further, petitioner contends that he was owed a refund for           
          the tax year 2004, rather than owing additional tax as respondent           
          determined.  This claim, according to petitioner, was never                 
          properly evaluated by respondent’s Appeals officer.                         
          Consequently, petitioner contends that respondent acted                     
          improperly in applying a refund due petitioner for the tax year             
          2005 to 2004, for which year, claims petitioner, he did not owe             
          any tax.  Had respondent applied the 2005 refund entirely to                
          amounts owed for 1999, claims petitioner, the liability for 1999            
          would have been completely paid.                                            


               2We assume that this refers to the Taxpayer Assistance                 
          Office.                                                                     






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