Elliot G. Steinberg - Page 11




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          interest paid can be determined as part of the overpayment                  
          because section 6601(e)(1) provides that interest shall be                  
          treated as a tax.  In Winn-Dixie Stores, Inc., the taxpayer had             
          made payments of the tax deficiencies for the years before the              
          Court as well as the interest on such deficiencies.  The taxpayer           
          claimed an overpayment of that interest.  The Court held that the           
          claim fell within its jurisdiction to determine an overpayment.             
               In this case, there is no deficiency at issue, nor is there            
          a claim of overpayment by petitioner for the years 1980 and 1981.           
          Petitioner claims that an overpayment for a year not before the             
          Court, 1973, should be credited to the deficiency for the 1980              
          year before the Court.  The relief petitioner seeks is nothing              
          more than a request for the review of a credit by the                       
          Commissioner under section 6402.  It is not a request for the               
          recovery of an overpayment for the year 1980.  Accordingly, this            
          Court has no jurisdiction to consider the relief petitioner                 
          seeks.  See Savage v. Commissioner, 112 T.C. 46 (1999).                     
               Therefore, we hold that the Court has no jurisdiction to               
          order respondent to credit petitioner's 1980 deficiency with that           
          portion of the 1973 overpayment requested by petitioner.                    


                                                  An appropriate order and            
                                             decision will be entered.                







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