Ralph Leon Hays, Jr., - Page 5

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          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...)           

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