Rodney L. Burr - Page 4




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          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, 110            






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