- 6 - determining a deficiency for the taxable year in respect of which the overpayment was originally claimed and allowed. Terry v. Commissioner, 91 T.C. 85, 87 (1988). Section 6512(b) defines this Court's jurisdiction to determine overpayments. Paragraph (4) of such section serves to deny jurisdiction to the Court "to restrain or review any credit or reduction made by the Secretary under section 6402." Sec. 6512(b)(4).2 Pursuant to the authority conferred by section 6402(a), respondent credited the $10,131 overpayment claimed by petitioner on his 1993 return against his assessed tax liabilities, including interest and penalties, for 1990 and 1991. Petitioner contends that his liabilities for interest and penalties for 1990 and 1991 were improperly determined by respondent. However, section 6512(b)(4) clearly restricts our jurisdiction to decide that matter. Our holding in this case is supported by an opinion of the Court of Appeals for the Second Circuit, the circuit to which this case is appealable, that predates the enactment of section 6512(b)(4). See Belloff v. Commissioner, 996 F.2d 607 (2d Cir. 2 Sec. 6512(b)(4) was added to the Code by the Taxpayer Relief Act of 1997 (TRA 1997), Pub. L. 105-34, sec. 1451(b), 111 Stat. 788, 1054. Sec. 6512(b)(4) became effective on Aug. 5, 1997, see TRA 1997, sec. 1451(c), 111 Stat. 1054, and is therefore applicable in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011