- 3 - On July 20, 2001, respondent assessed additions to tax for failure to file and to pay timely, and interest for 1998. Respondent applied petitioner’s overpayment of $569.73 from 2000 to his 1998 tax liability. Petitioner has made no further payments on his tax liability for 1998. Respondent issued a Letter 1058, Final Notice of Intent to Levy and Notice of Your Right to a Hearing, and petitioner timely requested a hearing. In his request for a hearing, petitioner stated that he disagreed with the notice because he felt that respondent was trying to collect money that was actually owed to him. At the Appeals Office hearing petitioner stated that he filed his 1997 Federal tax return late because he knew he was due a refund, and he did not want it used to offset his child support obligation. He did not timely file the 1998 return, he said, because he thought the 1997 refund would be applied as a credit to his 1998 tax liability. He attributes his predicament to the Internal Revenue Service (IRS) for not informing the public that there is a limited period within which to obtain a refund. Discussion Summary Judgment Petitioner argues that he is due a credit from his 1997 tax return and an abatement of interest and penalties. Respondent asserts that, as a matter of law, the overpayment for 1997 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007