- 2 - Respondent determined a deficiency in petitioners' Federal income tax for the taxable year 1992 in the amount of $315. Petitioners resided in Hinckley, Ohio, at the time they filed their petition. The issue is whether petitioners are entitled to offset against a deficiency in income tax an overpayment that was previously applied to a different liability. FINDINGS OF FACT The facts are not disputed and may be summarized as follows. Petitioners filed a 1992 joint Federal income tax return indicating that they were entitled to a refund in the amount of $475 (the $475 overpayment). Respondent applied the $475 overpayment against an outstanding liability determined under section 6672 pursuant to the authority granted in section 6402(a).2 Subsequently, respondent determined a deficiency in petitioners' 1992 Federal income tax in the amount of $315. The parties agree that petitioners are entitled to a credit of $150 for income tax withheld to be offset against the deficiency. Petitioners do not otherwise dispute the deficiency determination. Thus, disregarding the propriety of the treatment of the $475 overpayment, the parties agree that petitioners 2 As relevant here, sec. 6402(a) provides: "In the case of any overpayment, the Secretary * * * may credit the amount of such overpayment * * * against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall * * * refund any balance to such person."Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011