Robert E. Wadlow and Connie V. Wadlow - Page 4




                                        - 4 -                                         

          adjusted gross income adjustment in the amount of $1,113; and (3)           
          a related self-employment tax of $2,226.                                    
               For purposes of this case, respondent has now stipulated               
          that petitioners are entitled to claim, as to both the years 1991           
          and 1992, Schedule C expenses in excess of the amounts claimed on           
          the respective returns and disallowed in the deficiency notices,            
          and that they are liable for no self-employment tax for those               
          years.                                                                      
               The result of the above-mentioned stipulation is that (1)              
          petitioners' total corrected income tax liability for 1991 is               
          $6,969, resulting in an overpayment of $322; and (2) petitioners'           
          total corrected income tax liability for 1992 is $8,933, also               
          resulting in a $322 overpayment.                                            
               Petitioners did not file amended returns or claims for                 
          refund on Form 872 for 1991 and 1992, nor did they agree in                 
          writing with respondent to extend the respective periods of                 
          limitation for assessment for either year.                                  
               The bottom line issue for determination is whether                     
          petitioners can recover overpayments in tax for their 1991 and              
          1992 taxable years.  In general, we have jurisdiction to                    
          determine the amount of an overpayment in income tax for a                  
          taxable year where we find "that there is no deficiency and                 
          further * * * [find] that the taxpayer has made an overpayment of           
          income tax for the same taxable year".  Sec. 6512(b)(1).  When              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011