- 5 - 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 * * *. See Winn-Dixie Stores, Inc. v. Commissioner, 110 T.C. 291, 295 (1998). Because respondent issued a valid notice of deficiency and petitioner filed a timely petition, we have jurisdiction to redetermine the deficiency or to determine an overpayment for the year in issue. However, petitioner concedes the deficiency, and he does not now claim an overpayment for the year in issue. Rather, petitioner contends that respondent improperly determined petitioner's assessed liabilities for interest and penalties for 1990 and 1991 and that, as a consequence, some portion of the $10,131 overpayment that petitioner claimed on his 1993 return is now available as an offset against the agreed deficiency for 1993. We hold, however, that we lack jurisdiction in this proceeding to review respondent's assessment of petitioner's liabilities for interest and penalties for 1990 and 1991. Our analysis begins with section 6402. Under the general rule of that section, the Commissioner is expressly authorized to credit the amount of an overpayment against any tax liability of the taxpayer. Sec. 6402(a). However, after applying an overpayment against the taxpayer's liability for another taxable year, the Commissioner is not precluded from subsequentlyPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011