- 35 - overpayment jurisdiction regarding the same year. See Commissioner v. Lundy, 516 U.S. 235 (1996).6 When it enacted section 183(e)(4), Congress limited the effect of the section 183(e)(4) extension to assessments attributable to section 183 activity. However, if the section 183(e)(4) extension is construed to also apply to refund claims, unintended consequences may arise. In a refund context, it is possible that matters other than the putative section 183 activity could be placed in issue by the Commissioner, even though such matters would be time barred for purposes of assessing a deficiency. For example, in Bachner v. Commissioner, 109 T.C. 125 (1997), the taxpayer filed a petition in this Court contesting a notice of deficiency and claiming an overpayment of all taxes withheld from his wages. The assessment of the deficiency determined by the Commissioner was barred by the statute of limitations. Nevertheless, the Commissioner argued that any overpayment was restricted to the excess of the amount 6Conversely, in Barton v. Commissioner, 97 T.C. 548 (1991), we held that statutes governing our overpayment jurisdiction gave us authority to determine whether the taxpayer was liable for sec. 6621(c) increased interest, whereas in White v. Commissioner, 95 T.C. 209 (1990), we held that we lacked deficiency jurisdiction to determine whether a taxpayer was liable for sec. 6621(c) increased interest. Those different outcomes were based on the literal differences between the provisions of the Code controlling our jurisdiction over overpayments and deficiencies.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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