Claude E. and Dana L. Salazar - Page 30




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               Finally, under docket No. 23547-06L,5 petitioners challenge            
          respondent’s application of the bankruptcy proceeds to the                  
          employment tax liabilities of Mr. Salazar instead of the joint              
          tax liabilities of both petitioners.  Because the distribution              
          occurred after the bankruptcy proceeding was closed, and Mr.                
          Salazar raised it during the hearing, we may review this issue.             
              At the time of the bankruptcy trustee’s final report,                  
          respondent possessed: (1) A secured claim of $19,915.40 for                 
          petitioners’ 1997 and 1998 tax liabilities; (2) an unsecured                
          priority claim of $43,673.45 for petitioners’ 1999 income tax               
          liabilities and Mr. Salazar’s 1998, 1999, 2000, and 2001                    
          employment tax liabilities; and (3) an unsecured general claim of           
          $8,850.74.  However, only payment on respondent’s $43,673.45                
          priority claim was allowed by the bankruptcy trustee.                       
               Respondent applied the $17,834.51 that was ultimately                  
          disbursed by the bankruptcy trustee on August 22, 2005, to the              
          employment tax liabilities of Mr. Salazar that made up part of              
          respondent’s priority claim.  At first respondent applied the               
          disbursement to the employment tax periods ending December 31,              
          1998, March 31, 1999, and June 30, 1999, in amounts that exceeded           
          respondent’s priority claims for those periods.  Eventually,                
          respondent corrected this application of the proceeds to also               

               5The trustee had not filed his final report nor had any                
          disbursements been made at the time of petitioners’ collection              
          review hearing with respect to their joint liabilities.                     






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