- 9 - Pursuant to the authority conferred by section 6402(a), respondent credited $67,078 of the overpayment by petitioner of his 1973 taxes against his assessed and unpaid tax liability for 1975. Petitioner contends that respondent did not apply the overpayment according to his instructions in the December 1988 letter. However, section 6512(b)(4) clearly restricts the jurisdiction of this Court to decide that matter because that would constitute a review of a credit made under section 6402. Our holding in this case is consistent with our holding in Winn-Dixie Stores, Inc. v. Commissioner, 110 T.C. 291 (1998). In that case, the taxpayer agreed to the Commissioner's determination for certain years before the Court (the present years' underpayments). The Commissioner and the taxpayer 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 to the taxpayer the prior years' overpayments, including interest thereon calculated at the overpayment rate under section 6621(a)(1). The Commissioner later mailed notices of tax due, including interest calculated at the underpayment rate under section 6621(a)(2) and (c), for the present years' underpayments. The taxpayer paid the present years' underpayments, together with interest at the underpaymentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011