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Samuel Boone and Bernice Boone (trustees), for petitioner.
Steven M. Webster, for respondent.
MEMORANDUM OPINION
THORNTON, Judge: This matter is before the Court on
respondent’s motion to dismiss for lack of jurisdiction.1 As
discussed below, we shall grant respondent’s motion.
Unless otherwise indicated, section references are to the
Internal Revenue Code as amended.
Background
On its Form 1041, U.S. Income Tax Return for Estates and
Trusts, for taxable year 1997, petitioner reported income tax
liability of zero and income tax withholding credits of $165,149,
resulting in a refund claim of $165,149. On December 7, 1998,
respondent issued petitioner a $166,293.04 refund for taxable
year 1997.2 Subsequently, respondent determined the refund had
been erroneously paid because petitioner had not made the income
tax payments for which credits had been claimed. On March 15,
1999, respondent summarily assessed the previously refunded
amount and mailed petitioner a notice of tax due. Respondent
1 The instant case involves the same jurisdictional issue as
Loadholt Trust v. Commissioner, T.C. Memo. 2000-349, also decided
today.
2 This amount represents the reported overpayment of
$165,149 plus interest of $1,144.04.
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