Susan Bocock and Jack Carl Ryals - Page 11

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               under section 31 (relating to tax withheld on wages)                   
               * * * estimated tax payments, and other payments in                    
               satisfaction of tax liability made before the return is                
               filed, exceed the tax shown on the return (provided                    
               such excess has not been refunded or allowed as a                      
               credit to the taxpayer). [Emphasis added.]                             
          Thus, section 1.6664-2(d), Income Tax Regs., provides that                  
          amounts “collected without assessment” can include estimated tax            
          payments, but only to the extent those payments, along with                 
          withholding or other credits, exceed the tax shown on the return,           
          and only so long as the excess has not been refunded or allowed             
          as a credit to the taxpayer.                                                
               As we have found above, respondent first credited the                  
          disputed estimated tax payments to petitioners’ taxable year                
          2002.  After petitioners reported an overpayment of $17,645 on              
          their 2002 tax return, respondent credited $10,406.63 of the                
          claimed overpayment to Mr. Ryals’s 1978 tax liability pursuant to           
          section 6402(a).8  As stated above this Court does not have                 
          jurisdiction to review any credit or reduction made by the                  
          Commissioner pursuant to section 6402(a).  See sec. 6512(b)(4);             
          Savage v. Commissioner, supra at 49.  Accordingly, we hold that             
          we do not have jurisdiction to decide whether respondent                    





               8Respondent was not precluded from subsequently determining            
          a deficiency for petitioners’ 2002 taxable year despite allowing            
          a portion of the claimed overpayment.  See Terry v. Commissioner,           
          91 T.C. 85, 87 (1988).                                                      




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