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