- 2 - liability for 1998.1 As explained in detail below, we shall sustain respondent’s determination. FINDINGS OF FACT Some of the facts have been stipulated, and the stipulated facts and attached exhibits are incorporated in our findings by this reference. Petitioner resided in Illinois at the time the petition was filed. Respondent’s 1998 Levy On April 3, 1998, respondent served a notice of levy on petitioner’s retirement account (the 1998 levy). At the time, petitioner owed a total of $44,716.85 in Federal income tax for 1982, 1985, 1987, 1991, and 1993 to 1996. On May 18, 1998, respondent received an unspecified sum from petitioner’s retirement account and applied $8,735.89 and $11,468.08 of those funds to petitioner’s unpaid taxes for 1982 and 1985, respectively. Respondent also applied $11,179 collected from petitioner’s retirement account as a credit against the income tax petitioner would owe for 1998 on the amount withdrawn by the levy from the account. Petitioner’s Refund Claims for 1982 and 1985 In September 1998, petitioner filed with respondent Forms 843, Claim for Refund and Request for Abatement, for the taxable 1 All section references are to the Internal Revenue Code of 1986, as amended.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008