- 25 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 10, 2007