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Internal Revenue Code in effect for the year at issue. Rule
references are to the Tax Court Rules of Practice and Procedure.
Dollar amounts are rounded to the nearest dollar.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulations of fact and the exhibits submitted therewith are
incorporated herein by this reference. Petitioner resided in
Anchorage, Alaska, when he petitioned the Court.
Petitioner filed his 1989 Federal income tax return on
March 5, 1996. Petitioner claimed thereon that he had a $4,312
overpayment which he was applying to 1990. Petitioner filed his
1990 Federal income tax return on June 13, 1996.
Respondent issued petitioner a notice of deficiency for 1990
on December 3, 1996. In the notice of deficiency, respondent did
not reference an overpayment for 1989. Respondent asserts that a
refund or credit of any 1989 overpayment is time-barred.
OPINION
Petitioner asks the Court to reduce his deficiency for 1990
by an overpayment that he has for 1989. We decline to do so.
We are a Court of limited jurisdiction, and we derive our
jurisdiction from Congress. Neilson v. Commissioner, 94 T.C. 1,
9 (1990); Naftel v. Commissioner, 85 T.C. 527, 529 (1985); see
also sec. 7442. In general, the Congress has empowered us to
redetermine deficiencies which have been determined by
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