Cletus Gaylon Waters - Page 2

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          The issue we must decide is whether respondent’s Appeals Office             
          abused its discretion in determining to proceed with collection             
          of petitioner’s tax liability for taxable years 1997 and 1998.              
                                     Background                                       
               At the time of filing the petition in the instant case,                
          petitioner resided in Leesburg, Virginia.                                   
               On June 22, 1998, petitioner filed his 1997 tax return                 
          jointly with Sharon Lee Waters (Mrs. Waters), showing tax due               
          of $12,095.2  Petitioner had withheld payments of $15,000, and              
          respondent issued petitioner and Mrs. Waters a refund of $2,905             
          on June 22, 1998.                                                           
               Respondent examined petitioner’s 1997 return and assessed              
          additional taxes on December 24, 2000, and November 3, 2003, of             
          $1,919, and $9,884, respectively.  On October 24, 2005, the                 
          outstanding balance, including interest and penalties, for                  
          petitioner’s 1997 tax year was $14,763.21.                                  
               On November 29, 1999, petitioner filed his 1998 tax return             
          jointly with Mrs. Waters, showing tax due of $37,382.03.                    
          Petitioner’s withholding for the 1998 year and payment submitted            
          with the return totaled $32,200.  On January 27, 2000, petitioner           
          made a subsequent payment toward his liability for his 1998                 
          taxable year of $5,868.02.                                                  



               2Sharon Lee Waters is not a party to this case.                        




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