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After concessions,1 the only issues for decision are:
(1) Whether we have authority under section 6512(b) to award
a refund of petitioners’ $2,045 overpayment for taxable year
1994. We hold that we do not.
(2) Whether petitioners are entitled to a carryover credit
from taxable year 1990 to taxable year 1991 in excess of the
$152 that respondent has allowed. We hold that they are not.
Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the taxable years in
issue, and all Rule references are to the Tax Court Rules of
Practice and Procedure.
The parties have stipulated some of the facts, which are
incorporated by this reference. When they filed their petition,
petitioners resided in Buford, Georgia.
Respondent received petitioners’ 1990, 1991, and 1992 joint
Federal income tax returns on or about September 29, 1993, April
6, 1995, and June 11, 1996, respectively.2 In addition,
1 Respondent concedes that petitioners have made
overpayments for taxable years 1991, 1994, and 1995 in the
amounts of $611, $2,045, and $26, respectively, and that
petitioners are entitled to refunds of their 1991 and 1995
overpayments, subject to offset for other amounts that might be
due to the United States. Petitioners concede that they owe
deficiencies of $778 and $674 for taxable years 1993 and 1996,
respectively. Respondent also concedes the additions to tax
under secs. 6651(a)(1) and 6654 for both petitioners.
2 Petitioners filed a Form 4868, Application for Automatic
Extension of Time to File U.S. Individual Income Tax Return for
(continued...)
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