- 12 - attempting to collect is that a portion of the deficiency for 1993 is attributable to respondent's determination to disallow the $35,234,914 short-term capital loss claimed on petitioner's income tax return for 1993, whereas respondent's collection efforts are directed at amounts due as a consequence of respondent's decision not to accept petitioner's amended return for 1991, which amended return included a claimed carryback of a large portion of the short-term capital loss claimed in 1993. Notwithstanding this relationship, it is evident that respondent has not assessed the amount of the deficiency disputed by petitioner in its petition for 1993. Petitioner relies upon section 6402(a) and (b) and section 6513(d), as well as section 301.6402-3(a)(5), Proced. & Admin. Regs., to support its position that respondent's collection efforts are improper. Section 6402(a) provides that the Commissioner may credit an overpayment of tax against any outstanding tax liability of the taxpayer and shall refund the balance, if any, to the taxpayer. Section 6402(b) provides that the Commissioner may prescribe regulations under which an overpayment, determined by the taxpayer or the Commissioner, can be credited against estimated income tax for the taxpayer's succeeding taxable year. Section 301.6402-3(a)(5), Proced. & Admin. Regs., provides that if the taxpayer elects to have all or part of an overpayment applied as a credit against estimatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011