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deficiencies in petitioners' 1980 and 1981 Federal income taxes.
A deficiency is generally defined as an amount by which the
income, gift, or estate tax due under the law exceeds the amount
of such tax shown on the return. Sec. 6211; Bregin v.
Commissioner, 74 T.C. 1097, 1102 (1980).
Section 6212(a) provides that if the Secretary determines
that there is a deficiency, he is authorized to send notice of
such deficiency to the taxpayer. Pursuant to section 6213(a),
the taxpayer may then file a petition with the Tax Court, within
a specified time, for a redetermination of the deficiency.
Section 6214 provides that this Court has jurisdiction to
redetermine the correct amount of tax deficiencies that are
contested in timely petitions filed by taxpayers. Sec. 6214(a);
see also sec. 6213. If this Court finds that there is no
deficiency and further finds that the taxpayer has made an
overpayment of tax for the same taxable year, section 6512(b)
provides that "the Tax Court shall have jurisdiction to determine
the amount of such overpayment".
Accordingly, the function of this Court is to decide the
correctness of the deficiency determined by respondent and the
amount thereof, if any, or that there is an overpayment of tax.
See Hannan v. Commissioner, 52 T.C. 787 (1969). The fact that
petitioners may have made payments towards the deficiencies
determined by respondent does not affect our ability to decide
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