- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007