- 6 - trial.4 Furthermore, the record before us contains insufficient facts to support a finding that petitioner was entitled to relief under either alternative provision.5 Petitioner argues that he is entitled to a refund because the payment of the deficiency was “involuntary” in that the liability was satisfied by respondent’s crediting of later years’ overpayments to the 1993 deficiency, without notification to or permission by petitioner. Respondent, however, has discretion to credit overpayments to any outstanding tax liabilities, and the crediting of such an overpayment is treated as if the taxpayer had received a refund and in turn paid the tax liability. Secs. 6402(a), 7422(d); Culpepper-Smith v. United States, supra. The 1993 tax liability has been satisfied, and section 6015(g)(3) clearly prohibits a refund resulting from relief afforded by section 6015(c). Reviewed and adopted as the report of the Small Tax Case Division. 4Petitioner states in his petition that “Taking into account all the facts and circumstances, it is inequitable to hold the Petitioner liable.” Language similar to this is found in both sec. 6015(b) and (f). However, petitioner did not specifically refer to either of these provisions, and at trial the focus of petitioner’s argument was on the fact that payment of the 1993 tax deficiency was “involuntary”, as discussed infra. 5Petitioner would not be entitled to relief under sec. 6015(f) unless it were shown that, contrary to respondent’s determination, petitioner is not entitled to relief under sec. 6015(c). Sec. 6015(f)(2).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011