- 6 - However, the definition of a deficiency in section 6211(a) is augmented by section 6211(b)(4) which provides in pertinent part: SEC. 6211(b). Rules for application of subsection (a).–-For purposes of this section-- * * * * * * * (4) For purposes of subsection (a)-- (A) any excess of the sum of the credits allowable under sections 32 and 34 over the tax imposed by subtitle A (determined without regard to such credits), and (B) any excess of the sum of such credits as shown by the taxpayer on his return over the amount shown as the tax by the taxpayer on such return (determined without regard to such credits), shall be taken into account as negative amounts of tax. Section 6211(b)(4) was enacted under the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 1015(r), 102 Stat. 3572. The legislative history of section 6211(b)(4) reveals that the provision was enacted to expand the definition of a deficiency to permit taxpayers to contest the disallowance of the earned income credit in the Tax Court. In this regard, H. Rept. 100-795, at 366 (1988), and S. Rept. 100-445, at 387 (1988), state: 18. Certain refundable credits to be assessed under deficiency procedures (sec. 115(r) of the bill and sec. 6211 of the Code)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011