Nance Eva Dehring - Page 8




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               The record in this case indicates only one levy on                     
          petitioner’s salary in 1997, and that was in December, in the               
          amount of $1,186.83.  Petitioner, however, must include her wages           
          for 1997 in gross income, including any portion that was withheld           
          and paid directly to the IRS for application against her                    
          liability for the years 1990, 1992 and 1993.  Old Colony Trust              
          Co. v. Commissioner, 279 U.S. 716, 729 (1929).  Although her                
          salary was the subject of a levy, that does not mean the levied             
          amount is excluded from her income for Federal income tax                   
          purposes.  Contrary to her belief, the levied amount is                     
          includable in her gross income.                                             
               Both of petitioner’s arguments, however, that she is                   
          entitled to additional deductions and that her tax is less than             
          that assessed because her salary in 1997 is less than that shown            
          on her Form W-2, are precluded in this action.  The parties agree           
          that the statutory notices of deficiency for the years at issue             
          were sent by certified mail to petitioner’s then and present                
          address of record with the Internal Revenue Service.  Petitioner            
          did not argue or present any evidence at trial that she did not             
          receive the relevant statutory notices of deficiency.  Petitioner           
          is therefore precluded from challenging her underlying tax                  
          liabilities, and those tax liabilities are not properly at issue            
          here.  Sec. 6330(c)(2)(B).                                                  








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