Sam E. Scott - Page 25




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         created summary collection provisions has been approved by the               
         courts for many years and found to be constitutional.  Here,                 
         obviously, there is no taking or deprivation of property without             
         due process.  The administrative proceeding in which petitioner              
         participated and the litigation in which he now engages are                  
         designed to provide petitioner with due process.  See Myers v.               
         United States, 647 F.2d 591, 602 (5th Cir. 1981).  Moreover,                 
         petitioner availed himself of the opportunity to litigate the                
         merits of respondent’s determination of the underlying tax                   
         liability and pursued his position on appeal to the Court of                 
         Appeals for the Fifth Circuit.  It was only after our decision in            
         that case was final and petitioner’s failure to pay that                     
         respondent used summary collection methods.  Here again                      
         petitioner’s contention is without substance or merit.                       
              VIII.  Whether Respondent Was Entitled To Offset Tax                    
                    Refunds From Joint Returns of Petitioner and His Wife            
              Against Petitioner’s Outstanding Individual 1991 Tax                    
              Obligation                                                              
              Petitioner’s individual tax liability, including interest               
         and penalties, was approximately $288,028.05 (with interest                  
         calculated to January 31, 2006).  Respondent offset a total                  
         amount of $772.64 of refunds from petitioner’s and his wife’s                
         joint 1999 through 2002 Federal income tax returns.  Petitioner              
         broadly contends that respondent is not entitled to offset joint             
         income tax refunds against the individual tax of one of the joint            
         filers.                                                                      






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