Claude E. and Dana L. Salazar - Page 31




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          include partial payments on the priority claims for the periods             
          ending September 30, 1999, and December 31, 1999.                           
               Petitioners claim that respondent should have applied the              
          disbursement to petitioners’ joint income tax liabilities first             
          instead of just Mr. Salazar’s employment tax liabilities.  Where            
          a taxpayer makes voluntary payments to the IRS, he does have the            
          right to direct the application of payments to whatever type of             
          liability he chooses.  See, e.g., Estate of Wilson v.                       
          Commissioner, T.C. Memo. 1999-221.  However, where a taxpayer               
          makes an involuntary payment, the IRS may allocate or reallocate            
          the payment as it sees fit, regardless of a taxpayer’s                      
          designation.  As we have stated:  “An involuntary payment of                
          Federal taxes means any payment received by agents of the United            
          States as a result of distraint or levy or from a legal                     
          proceeding in which the Government is seeking to collect its                
          delinquent taxes or file a claim therefor.”  Amos v.                        
          Commissioner, 47 T.C. 65, 69 (1966); see also United States v.              
          Pepperman, 976 F.2d 123, 127 (3d Cir. 1992) (noting that most               
          courts to have considered the issue have concluded that payments            
          made in the bankruptcy context are involuntary).  In the light of           
          the involuntary nature of the bankruptcy distribution, we find no           
          error in respondent’s application of the proceeds to the                    
          employment tax liabilities of Mr. Salazar before the joint income           
          tax liabilities of both petitioners.  In any event, there is no             







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