W. August Hillenbrand and Nancy K. Hillenbrand - Page 11




                                       - 11 -                                         
                         return, if a return was made by the                          
                         taxpayer and an amount was shown as                          
                         the tax by the taxpayer thereon,                             
                         plus                                                         
                              (B) the amounts previously                              
                         assessed (or collected without                               
                         assessment) as a deficiency, over–-                          
                         (2) the amount of rebates, as defined in                     
                    subsection (b)(2), made.                                          
               In other words, the deficiency is the correct tax, minus the           
          tax shown on the return, minus prior assessments (or collections            
          without assessment), plus rebates.  Sec. 6211(a); see Interlake             
          Corp. v. Commissioner, 112 T.C. 103, 110 n.6 (1999).  We have               
          said that “it is not the existence of a deficiency but the                  
          Commissioner’s determination of a deficiency that provides a                
          predicate for Tax Court jurisdiction.”  Hannan v. Commissioner,             
          52 T.C. 787, 791 (1969); see Logan v. Commissioner, 86 T.C. 1222            
          (1986).  Payments are not included in determining or                        
          redetermining a deficiency, simply because they do not fit within           
          the definition of a deficiency.  Sec. 6211(a); see Malachinski v.           
          Commissioner, T.C. Memo. 1999-182, affd. 268 F.3d 497 (7th Cir.             
          2001); see also Savage v. Commissioner, 112 T.C. 46 (1999); Logan           
          v. Commissioner, supra at 1227-1230; Clarke v. Commissioner, T.C.           
          Memo. 1999-199.                                                             
               Petitioners contend that the February 12, 1999, remittances            
          should be treated as amounts “collected without assessment” for             
          purposes of section 6211(a)(1)(B).  However, it is well                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011