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situations is present in this case. Respondent does not seek to
reduce petitioner's refunds for 1984 or 1987 by the agreed
underpayments for 1988 through 1991. Indeed, respondent has
already issued the refunds for 1984 and 1987. We are not being
asked to restrain or review a reduction of a refund under section
6402. Therefore, section 6512(b)(4) does not operate to deny us
jurisdiction to entertain petitioner's claim that it has made
overpayments as a result of respondent's failure to offset
overpayments for 1984 and 1987 against agreed underpayments for
1988 through 1991.
Petitioner's alleged overpayment of interest is a matter
that falls within this Court's overpayment jurisdiction under
section 6512(b).
Section 6512(b)(1) provides that
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,
* * * 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 * * *
3(...continued)
Tax Court does not have jurisdiction over the validity or merits
of the credits or offsets that reduce or eliminate the refund to
which the taxpayer was otherwise entitled." H. Rept. 105-148, at
637-638 (1997); S. Rept. 105-33, at 302-303 (1997); see H. Conf.
Rept. 105-220, at 732 (1997).
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