- 20 - 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 aPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011