- 7 - 1993). In that case, the Court of Appeals for the Second Circuit indicated that a procedurally valid assessment for a year not before the Tax Court generally provides a proper basis for the application of a tax overpayment and precludes jurisdiction by the Tax Court to decide the merits of the assessment. Id. at 616-617; see also Moretti v. Commissioner, 77 F.3d 637, 642 (2d Cir. 1996). In the case before us, petitioner does not contest the timeliness or validity of the assessments for 1990 and 1991 as a procedural matter. Petitioner seeks rather to have this Court decide the merits of those assessments. Even the Court of Appeals' opinion in Belloff, which predates section 6412(b)(4), indicates that we lack jurisdiction to review that matter. The present case is distinguishable from Winn-Dixie Stores, Inc. v. Commissioner, supra. In that case, the taxpayer had agreed to the Commissioner's determination for certain years before the Court (the present years' underpayments). The Commissioner and the taxpayer had also agreed as to the overpayments for certain years not before the Court (the prior years' overpayments). The taxpayer requested that the Commissioner offset the prior years' overpayments against the present years' underpayments. However, the Commissioner refunded the prior years' overpayments, including interest thereon calculated at the overpayment rate under section 6621(a)(1), to the taxpayer. The Commissioner later mailed notices of tax due,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011