- 5 - in the oil well. Accordingly, the 1980 return reflected a net loss and also contained a claim for a credit or overpayment of $41,071.72, composed of $2,777.29 withheld from 1980 wages, $7,294.43 claimed overpayment for 1979, and the $31,000 1980 remittance. Petitioner's 1981 return reflected $3,300 of income, no tax liability, and overpayment of the same $41,071.72 as claimed for 1980 and 1982. OPINION Although the 1982 taxable year is the one before the Court, the principal question we must answer is whether petitioner's $31,000 check remitted to respondent during 1980 was a payment or deposit. If it was a payment, we are without jurisdiction to apply it to the 1982 taxable year, over which we have jurisdiction. If, however, it was made as a deposit during 1980, then we have jurisdiction to decide whether it can be applied to the 1982 tax year. This Court’s jurisdiction is limited to determining the correct amount of a deficiency for the year(s) before the Court. Sec. 6214(a); Murphree v. Commissioner, 87 T.C. 1309, 1311 (1986). Section 6214(b), in pertinent part, provides: The Tax Court in redetermining a deficiency * * * shall have no jurisdiction to determine whether or not the tax for any other year or calendar quarter has been overpaid or underpaid. We have no jurisdiction to find an overpayment in a year that is not before the Court.5 Commissioner v. Gooch Milling & Elevator 5 Even assuming, arguendo, that we had jurisdiction over overpayments in years not before the Court, if the $31,000 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011