- 7 - burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Estate of DiRezza v. Commissioner, 78 T.C. 19, 32-33 (1982); Epstein v. Commissioner, 53 T.C. 459, 477 (1969). Contrary to respondent's assertion, the Congress has authorized us to decide the issue under section 6651(a)(2). See sec. 6214(a); see also H. Conf. Rept. 99-841, at II-804 (1986), 1986-3 C.B. (Vol. 4) 804; S. Rept. 99-313, at 200 (1986), 1986-3 C.B. (Vol. 3) 200. We agree with respondent, however, that we are not authorized to decide the applicability of the portion of the addition to tax under section 6651(a)(1) that was assessed upon respondent's receipt of the decedent's estate tax return. See sec. 6665(b); see also Estate of Young v. Commissioner, 81 T.C. 879 (1983). That we lack jurisdiction to decide this issue is confined to the facts herein. We do not hold, for example, that this Court lacks jurisdiction under section 6512(b)(1) to decide the same issue in the case of an overpayment. See, e.g., Judge v. Commissioner, 88 T.C. 1175, 1180-1187 (1987). In this regard, the estate does not claim that it overpaid this addition, and we are unable to find that it did. Section 6651 provides: SEC. 6651. FAILURE TO FILE TAX RETURN OR TO PAY TAX. (a) Addition to the Tax.--In case of failure-- (1) to file any return required under authority of subchapter A of chapter 61 (other than part III thereof), * * * on thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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