- 11 - well as various additions to tax. The parties stipulated that petitioner was entitled to a prepayment credit of $24,844 for 1998 and that the deficiency of $34,163 was computed without taking that credit into account. Petitioner nevertheless contends that respondent should not be permitted to proceed with the proposed levy at issue in this case because she owes nothing for 1998. Specifically, petitioner avers that the period of limitations governing collection for the taxable years 1982 and 1985 expired before respondent collected funds from her retirement account in 1998 and, as a result, respondent erred insofar as he applied those funds to her accounts for the years 1982 and 1985. As petitioner sees it, the amounts so applied to her accounts for the taxable years 1982 and 1985 should have been applied instead as prepayment credits to completely offset any amount that she owes for 1998. Respondent concedes, contrary to a statement in the notice of determination, that the Court did not address petitioner’s claim to prepayment credits from 1982 and 1985 in connection with the agreed decision entered in petitioner’s deficiency case at docket No. 9419-01. On the other hand, respondent maintains that petitioner is barred under section 6330(c)(4) from raising the prepayment credits issue in this collection review proceeding because petitioner already raised that issue in refund claims that she submitted to respondent for the taxable years 1982 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008