- 5 - T.C. 291, 295 (1998). Respondent issued notices of deficiency containing determinations that petitioner is liable for deficiencies in income tax for 1995 and 1996; petitioner filed a timely petition with this Court contesting respondent’s determinations. Accordingly, this Court has jurisdiction to redetermine the amount of petitioner’s deficiencies for 1995 and 1996, and to determine whether petitioner has an overpayment for either year. Respondent argues that petitioner does not have an overpayment for 1995 because the credit petitioner seeks for his 1994 overpayment was time-barred when petitioner first claimed it. Petitioner argues that his 1994 overpayment must be taken into account when determining whether he has an overpayment for 1995 because respondent accepted his 1994 return, claiming a credit for such overpayment, as filed. When a taxpayer’s payments, including allowable credits for income taxes withheld from wages and the prior year’s overpayment, exceed the total tax imposed for the year there is an overpayment. Secs. 31(a), 35, 6401(b)(1), 6402(b); see also Bachner v. Commissioner, 109 T.C. 125, 128 (1997) (interpreting “overpayment” to mean any payment of tax in excess of that which is properly due), affd. without published opinion 172 F.3d 859 (3d Cir. 1998). It follows that in order for this Court to find an overpayment for petitioner’s 1995 tax year, we must find thatPage: 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