Fred A. Windover - Page 3




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         reviewable by any other court, and the opinion shall not be                  
         treated as a precedent for any other case.                                   
              In a Notice of Determination Concerning Collection Action(s)            
         Under Section 6320 and/or 6330, dated May 23, 2005, respondent               
         determined to proceed with the collection by levy of petitioner’s            
         1999 Federal income tax liability.                                           
              The issues for decision are:  (1) Whether the amount of                 
         petitioner’s outstanding 1999 Federal income tax liability that              
         respondent is attempting to collect by levy is overstated because            
         the proceeds of a check, dishonored when first presented but paid            
         upon second presentment, were misapplied by respondent to years              
         other than 1999; if so (2) whether respondent’s failure to take              
         the misapplication into account in the determination to proceed              
         with collection by levy of petitioner’s 1999 Federal income tax              
         liability is an abuse of discretion; and (3) whether petitioner              
         is liable for the additions to tax included in petitioner’s 1999             
         Federal income tax liability.                                                
                                     Background                                       
              Some of the facts have been stipulated and are so found.  At            
         all times relevant, petitioner, who is an attorney, was married.             
         He resided in Worcester, Massachusetts, at the time the petition             
         was filed.                                                                   










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