Leon S. Malachinski - Page 21




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               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.                                        




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