Edward Turney Savage - Page 10




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          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).                         




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