Ronald C. Bachner - Page 6

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          claims that the $4,396.95 that was withheld from his wages as tax           
          should be refunded or credited to him with interest.  Generally,            
          under section 6402(a), if a taxpayer has made an "overpayment",             
          the Secretary must refund the overpayment, including interest.3             
          In cases where this Court has jurisdiction to redetermine a                 
          deficiency, section 6512(b) gives us jurisdiction to determine              
          the amount of any overpayment which is to be credited or                    
          refunded.  Section 6512(b) does not define the term                         
          "overpayment".                                                              
               Petitioner directs us to section 6401(a) for the definition            
          of "overpayment".  Section 6401(a) provides that "The term                  
          'overpayment' includes that part of the amount of the payment of            
          any internal revenue tax which is assessed or collected after the           
          expiration of the period of limitation properly applicable                  
          thereto."  (Emphasis added.)  In Estate of Baumgardner v.                   
          Commissioner, 85 T.C. 445, 449 (1985), we stated that section               
          6401 contains a description of certain specific items that are              
          statutorily treated as overpayments but that there is no specific           
          statutory definition of the term "overpayment" within the Code.             
          Therefore, we decline to accept any argument that the term                  
          "overpayment" is specifically and narrowly defined by section               
          6401(a).  In any event, the facts of this case do not come within           


               3The overpayment may first be applied against any of                   
          petitioner's outstanding tax liabilities.                                   




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