- 10 - 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 hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011