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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
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).
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