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claims this levy was made showing that amounts were remitted by
such bank or institution to respondent. The Court, therefore,
rejects petitioner's contention that she is entitled to an
additional credit of $2,884 for 1987.
5. Claimed Credits or Refunds of Overpayments
The fifth issue is whether petitioner is entitled to credits
or refunds for overpayments of her 1986 and 1987 taxes. In her
petition, petitioner alleged "I should get a refund. Exact
amount unknown as depends on many variables."
This Court has jurisdiction to determine whether a taxpayer
has made an overpayment of taxes where a notice of deficiency has
been issued, and a timely petition is filed with this Court.
Section 6512(b)(1) provides, in part:
if the Tax Court finds that there is no deficiency and
further finds that the taxpayer has made an overpayment of
income tax for the same taxable year, * * * or finds that
there is a deficiency but that the taxpayer has made an
overpayment of such tax, the Tax Court shall have
jurisdiction to determine the amount of such overpayment,
and such amount shall, when the decision of the Tax Court
has become final, be credited or refunded to the taxpayer.
In this case respondent acknowledged at trial that moneys
were levied and held by respondent for petitioner's account that
will exceed the deficiencies, additions to tax, and interest
determined against petitioner. The moneys held by respondent,
however, came to respondent by way of levy and not by voluntary
payments from petitioner or withholdings of third parties. The
question before us is whether these levied funds constitute a
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