- 4 - payments of Federal income tax with respect to his 1995 and 1996 tax years after the notices of deficiency for those years were issued on April 19, 1999. Overpayment Issue As a result of petitioner’s submission and respondent’s acceptance of returns for 1995 and 1996 after the issuance of notices of deficiency for those years, the parties agree that the amount of Federal income tax imposed on petitioner is $4,087 in 1995 and $5,224 in 1996. There is likewise no dispute as to the amounts withheld as taxes from petitioner’s wages during those years. However, a dispute remains concerning whether petitioner has an overpayment in 1995 that may be applied against his tax liability for 1996. Petitioner claims that he overpaid his 1995 tax liability by $250 and that such overpayment should be credited as an estimated tax payment against his 1996 tax liability. The difference between the parties’ positions can be traced to an overpayment of petitioner’s 1994 tax liability in the amount of $1,759 that petitioner seeks to apply against his 1995 tax liability. (If applied as petitioner contends, the 1994 overpayment would result in an overpayment of $250 for 1995.) In years where this Court has jurisdiction to redetermine a taxpayer’s deficiency, we also have jurisdiction to determine whether the taxpayer has made an overpayment of income tax. Sec. 6512(b)(1); Winn-Dixie Stores, Inc. & Subs. v. Commissioner, 110Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011