Leon S. Malachinski - Page 17




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               This Court is a court of limited jurisdiction, and we may              
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  See Savage v. Commissioner, 112 T.C. 46, 48 (1999);              
          Pen Coal Corp. v. Commissioner, 107 T.C. 249, 254 (1996); Kluger            
          v. Commissioner, 83 T.C. 309, 314 (1984).   Our authorization               
          encompasses the determination of deficiencies pursuant to section           
          6214(a) and of overpayments, subject to specific limitations,               
          under section 6512(b).  Obviously, the provisions of section                
          6512(b) are not applicable because petitioner herein has conceded           
          liability for the deficiency; he is not claiming any overpayment.           
          Accordingly, to demonstrate that this Court has jurisdiction,               
          petitioner must place this $20,400 remittance within the scope of           
          a deficiency.                                                               
               Section 6211(a) defines the term “deficiency”.  A deficiency           
          is the amount by which the tax imposed exceeds the excess of--              
                    (1) the sum of                                                    
                         (A) the amount shown as the tax by the                       
                    taxpayer upon his return, if a return was made by                 
                    the taxpayer and an amount was shown as the tax by                
                    the taxpayer thereon, plus                                        
                         (B) the amounts previously assessed (or                      
                    collected without assessment) as a deficiency,                    
                    over--                                                            
                    (2) the amount of rebates, as defined in                          
               subsection (b)(2), made.  [Sec. 6211(a).]                              
               Here, the $20,400 remitted by petitioner in 1984 was not               
          “shown as the tax” on the Federal income tax return he filed for            





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