Rose Lynn Richmond - Page 11




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          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 and             







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