W. August Hillenbrand and Nancy K. Hillenbrand - Page 10




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          Petrulis, D.D.S., S.C. v. Commissioner, 938 F.2d 78 (7th Cir.               
          1991).  That adjudicatory power encompasses the redetermination             
          of deficiencies and the determination of overpayments.  Secs.               
          6214(a), 6512(a).  Moreover, we have jurisdiction only for                  
          taxable years properly before us.  Sec. 6214(b); see Hill v.                
          Commissioner, 95 T.C. 437 (1990).                                           
               Petitioners initiated the instant case in response to                  
          respondent’s determination of deficiencies in the notices sent to           
          petitioners.  Accordingly, we may decide the issue of whether the           
          February 12, 1999, remittances paid the deficiencies only if the            
          issue properly comes within our deficiency jurisdiction under               
          section 6214(a) or our overpayment jurisdiction under section               
          6512(a).  We hold that this Court lacks jurisdiction to decide              
          the issue.                                                                  
               For purposes of section 6214, deficiencies are defined by              
          section 6211.  Section 6211 defines a deficiency as follows:                
               SEC. 6211.  DEFINITION OF A DEFICIENCY.                                
                    (a) In General.-–For purposes of this title in the                
               case of income, estate, and gift taxes imposed by                      
               subtitles A and B and excise taxes imposed by chapters                 
               41, 42, 43, and 44 the term “deficiency” means the                     
               amount by which the tax imposed by subtitle A or B, or                 
               chapter 41, 42, 43, or 44 exceeds the excess of–-                      
                         (1) the sum of                                               
                              (A) the amount shown as the                             
                         tax by the taxpayer upon his                                 








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