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from petitioner’s retirement account in connection with the 1998
levy (described above).
In July 2001, petitioner submitted to respondent a Form
1040, U.S. Individual Income Tax Return, for 1998. Petitioner
claimed that she was entitled to a prepayment credit of $53,290
for 1998--an amount that included the $24,844 figure for tax
withholding referred to in the notice of deficiency and the
$8,736 and $11,468 amounts respondent collected pursuant to the
1998 levy and applied to petitioner’s accounts for the taxable
years 1982 and 1985.
On May 22, 2002, the Court entered an agreed decision at
docket No. 9419-01 which provided that petitioner was liable for
a deficiency of $34,163 for 1998, as well as additions to tax of
$2,097, $233, and $114 pursuant to sections 6651(a)(1) and (2)
and 6654, respectively. The parties stipulated (below the
signature of the Judge who entered the decision) that (1)
petitioner was entitled to a prepayment credit of $24,844 for
1998, and (2) the deficiency of $34,163 was computed without
taking the prepayment credit into account. No appeal was filed,
and the Court’s decision at docket No. 9419-01 is long since
final. Secs. 7481(a)(1), 7483.
Collection Action for 1998
Although respondent sent to petitioner a number of notices
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Last modified: March 27, 2008