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the literal terms of section 6401(a). Here, as explained infra,
the withheld tax was deemed paid on April 15, 1985, well within
the period of limitations, and respondent is no longer seeking to
make any assessments or collections.
The term "overpayment" has been interpreted to mean "any
payment in excess of that which is properly due." Jones v.
Liberty Glass Co., 332 U.S. 524, 531 (1947). In United States v.
Dalm, 494 U.S. 596, 609 n.6 (1990), the Supreme Court again
addressed the meaning of the term "overpayment", stating: "The
commonsense interpretation is that a tax is overpaid when a
taxpayer pays more than is owed, for whatever reason or no reason
at all." In Estate of Baumgardner v. Commissioner, supra at 450,
we stated:
The Liberty Glass Co. generic definition of
'overpayment' is in reference to section 322 of the
Internal Revenue Code of 1939. Section 322(d) of the
Internal Revenue Code of 1939, in pertinent part,
included the following language which is substantially
similar to its successor, section 6512(b): 'If the
[Tax Court] finds that there is no deficiency and
further finds that the taxpayer has made an overpayment
of tax * * *, the [Tax Court] shall have jurisdiction
to determine the amount of such overpayment.'
The Liberty Glass Co. definition applies in our determination of
an overpayment as provided by section 6512(b). It follows that
in order to have an overpayment, petitioner must have made a
"payment" of tax for 1984 in excess of the amount which is
properly due.
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