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petitioner’s overpayment for 2001.10 The disallowance of the
credit that petitioner claimed with respect to this item does not
affect the amount of petitioner’s deficiency for 2002. See sec.
6211(a) (defining a deficiency generally as the amount by which
the correct tax exceeds the tax shown on the taxpayer’s return,
increased by prior assessments and reduced by rebates as defined
in sec. 6211(b)(2)); cf. Terry v. Commissioner, 91 T.C. 85 (1988)
(holding that an intercepted refund does not constitute a rebate
for purposes of determining a deficiency).
We have considered all of petitioner’s remaining contentions
and find them to be without merit. To reflect the foregoing and
the parties’ concessions,
Decision will be entered
under Rule 155.
10 As of April 26, 2002, it could not have been determined
whether petitioner had any overpayment with respect to taxable
year 2002.
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Last modified: May 25, 2011