- 21 - Because we conclude that the $20,400 remittance was a deposit with respect to the 1980 tax year, it has no effect upon the deficiency ultimately determined for petitioner in that year. We accordingly lack jurisdiction over that amount for 1980, the only taxable year before us in this proceeding. See Savage v. Commissioner, 112 T.C. 46 (1999).5 It follows that we need not address petitioner’s proffer of additional evidence concerning the $20,400 remittance, or its return with interest. Petitioner again seeks to introduce the testimony of Ms. Mellerke. This time petitioner seeks to show that Wynne had stated “that she’d received a refund check that was intended for someone else, and she had signed the check and cashed it”. Respondent objected to this testimony, asserting both that it is inadmissible hearsay and that it is irrelevant. Once again, we do not rule upon the hearsay objection, because we conclude that evidence that Wynne had taken the returned remittance for herself is not relevant here, where we have no jurisdiction to address issues relating to that remittance. 5 This $20,400 was refunded only after being credited to petitioner’s 1982 tax account. When refunded, it included $902 as interest--apparently reflecting the accrual of interest for the 6 months that it had been credited to petitioner’s 1982 tax liabilities. There is no evidence why respondent returned the $20,400; it may have been agreed to by petitioner’s duly authorized representatives, or it may have been issued as the result of a mistake by the IRS. In any event, we lack jurisdiction over that amount, because petitioner’s 1982 tax year is not before us in this proceeding.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011