Susan L. Lesinski - Page 4

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          by respondent’s acceptance of petitioner’s return and that we               
          lack jurisdiction over the refund because there is no deficiency.           
          Petitioner also objects due to the motion's lateness and                    
          prejudicial effect.  Respondent argues that her claim in respect            
          of the refund constitutes a determination of deficiency and that,           
          therefore, this Court has jurisdiction to grant its recovery.  We           
          first address the jurisdictional issue.                                     
               Section 6514(a)(1) provides that "A refund of any portion of           
          an internal revenue tax shall be considered erroneous and a                 
          credit of any such portion shall be considered void * * * If made           
          after the expiration of the period of limitation for filing claim           
          therefor, unless within such period claim was filed".  Refunds              
          may be erroneous for other reasons.  Secs. 6514, 7405.                      
          Respondent has more than one remedy to recover erroneous refunds;           
          these include bringing a civil suit under section 7405 or                   
          following the deficiency procedures under sections 6211 through             
          6215.  Beer v. Commissioner, 733 F.2d 435, 436 (6th Cir. 1984),             
          affg. T.C. Memo. 1982-735; Pesch v. Commissioner, 78 T.C. 100,              
          117-118 (1982).                                                             
               The jurisdiction of this Court is limited and may be                   
          exercised only pursuant to specific statutory authorization.                
          Belloff v. Commissioner, 996 F.2d 607, 611 (2d Cir. 1993), affg.            
          T.C. Memo. 1991-350; Pen Coal Corp. v. Commissioner, 107 T.C.               
          249, 254 (1996).  That authorization encompasses the                        
          determination of deficiencies pursuant to section 6214(a) and               




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