- 10 - we would effectively be reviewing the credit made by respondent under section 6402. This we may not do.4 Sec. 6512(b)(4). To reflect our disposition of the disputed issue, as well as the parties' stipulation of settled issues, Decision will be entered for respondent. 4 If petitioner has in fact overpaid his liabilities for 1990 and 1991, he may have a remedy in another forum as to those years. Thus, if applicable limitations periods remain open, petitioner may file a claim for refund for 1990 and 1991 with the Internal Revenue Service, and, if such claim is denied, petitioner may be entitled to sue for a refund in the appropriate Federal District Court or the U.S. Court of Federal Claims. See McCormick v. Commissioner, 55 T.C. 138, 142 (1970).Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011