- 6 -
Our jurisdiction to determine overpayments of tax is
provided by section 6512(b). Judge v. Commissioner, supra at
1182. Section 6512(b) provides:
(b) Overpayment Determined by Tax Court.--
(1) Jurisdiction to determine.--Except as provided
by paragraph (3) and by section 7463, 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 * * * in respect of which the
Secretary determined the deficiency, 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.
Section 6512(b)(2) confers jurisdiction to order refunds of
overpayments determined by this Court "after 120 days after a
decision * * * has become final."
Respondent, by virtue of having challenged petitioners'
characterization of their distributive share of adjusted
partnership losses for 1989 and 1990, has effectively transmuted
what otherwise would have been unquestionably a partnership item,
i.e., the amount of losses in petitioners' hands, into an
affected item requiring partner level factual determinations.
Sec. 6231(a)(3); sec. 301.6231(a)(3)-1(a)(1)(i), Proced. & Admin.
Regs. Having concluded that the section 469 issue is an affected
item subject to deficiency proceedings under section
6230(a)(2)(A)(i), it follows that we have jurisdiction to
determine any overpayments attributable thereto in this partner
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011