- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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