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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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Last modified: May 25, 2011