- 9 - obligation to apply any or all of petitioner’s refunds solely against petitioner’s liabilities for the years in issue. Further, pursuant to section 6512(b)(4), this Court is restricted from restraining or reviewing any credit or reduction made by respondent under section 6402. See Savage v. Commissioner, 112 T.C. 46 (1999). Therefore, we are without jurisdiction to decide whether respondent improperly credited any overpayments to petitioner’s tax liabilities for years not before the Court. See id. Finally, petitioner’s allegation that respondent erroneously denied her earned income credits for subsequent tax years does not present a cognizable claim under section 6404(a) or (e). We must assume that petitioner’s contention is that respondent improperly determined her assessed liabilities for subsequent years (either an assessment resulting from a determined deficiency, or an assessment resulting from a mathematical error, see sec. 6213(b)(1) and, (g)(2)(K)) and that, as a consequence, some portion of the overpayment from those years is now available as an offset against the deficiency for 1988 and 1990. We are, however, without jurisdiction in this proceeding to review respondent’s assessment of petitioner’s liabilities for years not before the Court. See sec. 6512(b)(1) (this Court has overpayment jurisdiction only for a year properly before the Court); sec. 6214(b) (this Court shall consider facts withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011