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the May 11, 1995, notice of deficiency was timely because issued
within 3 years of October 4, 1993. In the absence of any other
evidence or argument to support petitioner’s allegations of
error, respondent’s deficiency determinations for the years in
issue are sustained.
2. Amount of Overpayment
The parties have stipulated that $19,209 and $5,295.87 were
withheld from petitioner’s wages in 1988 and 1989, respectively.
Section 6401(b) provides that refundable credits, such as taxes
withheld from wages under section 31, exceeding the income tax
imposed for each year shall be considered overpayments of tax.
In the instant case, the income tax imposed for 1988 and 1989
equals the sum of the deficiency and the amount shown as tax by
the petitioner on his return for each year. See sec. 6211(a) and
(b)(1). For 1988, the deficiency is $9,866 and the amount shown
on the return was $2,501; thus, the income tax imposed for 1988
is $12,367. For 1989, the deficiency is $1,612 and the amount
shown on the return was $0; thus, the income tax imposed for 1989
is $1,612. Accordingly, petitioner has an overpayment for 1988
of $6,842 (a section 31 credit of $19,209 less the tax imposed of
$12,367), and an overpayment for 1989 of $3,683.87 (a section 31
credit of $5,295.87 less tax imposed of $1,612).
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