- 7 - applied the overpayment to petitioner’s outstanding liability for 1987. Respondent’s actions were fully consistent with the Installment Agreement, as well as with operative provisions of statutory law. See Terry v. Commissioner, 91 T.C. 85, 87 (1988) (after applying an overpayment to a taxpayer’s liability for another taxable year, the Commissioner is not precluded from subsequently determining a deficiency for the taxable year in respect of which the overpayment was originally claimed and allowed). In view of the foregoing, we hold for respondent.6 In order to give effect to our disposition of the disputed issue, as well as petitioner’s concession and respondent’s oral motion to dismiss for lack of prosecution as to petitioner Kimberly A. McKoin, An appropriate order of dismissal and decision will be entered. 6 In so holding, we are mindful of sec. 6512(b)(4), which serves to deny jurisdiction to the Court "to restrain or review any credit or reduction made by the Secretary under section 6402." Savage v. Commissioner, 112 T.C. 46, 49 (1999).Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011