- 31 - 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 noPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: March 27, 2008