Newton K. and Kimberly A. McKoin - Page 7

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          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                 
               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).                     

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