Menard, Inc. - Page 10




                                       - 10 -                                         
          4912), chapter 42 (sections 4940 through 4963), chapter 43                  
          (sections 4971 through 4980E), or chapter 44 (sections 4981 and             
          4982) exceeds the amount shown as the tax by the taxpayer on a              
          return.  Section 6212(a), which authorizes the Commissioner to              
          issue a notice of deficiency, likewise is limited to a deficiency           
          in respect of any taxes imposed by subtitle A or B or chapter 41,           
          42, 43, or 44.                                                              
               Pursuant to section 6512(b)(1), we also have jurisdiction to           
          determine the amount of an overpayment6 of tax in limited                   
          circumstances.  Our jurisdiction to determine whether there has             
          been an overpayment is limited to the same taxable year or years            
          for which the Commissioner has issued a notice of deficiency and            
          with regard to which the taxpayer has timely filed a petition for           
          redetermination of the deficiency.  Sec. 6512(b)(1).  In                    
          addition, our overpayment jurisdiction is limited to determining            
          an overpayment of income, gift, estate, or excise taxes (and                
          related interest) imposed by chapter 41, 42, 43, or 44.  Sec.               
          6512(b)(1) and (2).  Once we have determined that there is no               
          deficiency but that the taxpayer has made an overpayment of tax,            
          or that there is a deficiency but the taxpayer has made an                  
          overpayment of such tax, we have jurisdiction to determine the              


               6An “overpayment” of tax is “‘any payment in excess of that            
          which is properly due.’”  See Winn-Dixie Stores, Inc., & Subs. v.           
          Commissioner, 110 T.C. 291, 295 n.5 (1998) (quoting Jones v.                
          Liberty Glass Co., 332 U.S. 524, 531 (1947)).                               






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: March 27, 2008