Stephen C. Loadholt Trust, Debra M. Lance Trustee, et al. - Page 9




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          not germane here, this Court’s jurisdiction is generally limited              
          to redetermining deficiencies in income taxes, estate and gift                
          taxes, and certain specified excise taxes that are subject to the             
          deficiency procedures outlined above.  See secs. 6214, 7442; see              
          also Estate of Meyer v. Commissioner, supra at 562; Judd v.                   
          Commissioner, 74 T.C. 651, 653 (1980).                                        
               In the instant cases, respondent is attempting to collect                
          alleged erroneous refunds resulting from the trusts’ alleged                  
          overstatements of income taxes withheld.  The assessments at                  
          issue were not subject to the deficiency procedures but instead               
          were subject to the summary assessment procedures of section                  
          6201(a)(3).  Under those procedures, overstatements of withheld               
          income taxes are generally treated in the same manner as                      
          mathematical or clerical errors appearing on the return, except               
          that in the case of an assessment of an overstated credit for                 
          withholding, the taxpayer has no right to request an abatement.               
          See secs. 6201(a)(3), 6213(b)(1) and (2).  Therefore, summary                 
          assessments with respect to overstatements of withheld taxes                  
          provide the taxpayer no right to petition the Tax Court to                    
          contest the liability.  See sec. 6213(b)(1).7                                 


               7 Sec. 6213(b)(1) provides:                                              
                    If the taxpayer is notified that, on account of a                   
                    mathematical or clerical error appearing on the                     
                    return, an amount of tax in excess of that shown                    
                    on the return is due, and that an assessment of                     
                                                               (continued...)           





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