- 15 - Petitioners do not assert that the differences between the February 12, 1999, remittances and the deficiencies in issue constitute overpayments for petitioners’ 1993, 1994, and 1995 Federal gift tax years. Indeed, petitioners contend that no overpayments exist in the instant case. We treat as a concession the contention that the February 12, 1999, remittances did not create any overpayment in petitioners’ Federal gift tax for the years in issue. See Schladweiler v. Commissioner, T.C. Memo. 2000-351, n.3, affd. 28 Fed. Appx. 602 (8th Cir. 2002); see Wynn v. Commissioner, T.C. Memo. 1996-415, n.11. 6(...continued) 7463, if the Tax Court finds that there is no deficiency and further finds that the taxpayer has made an overpayment of income tax for the same taxable year, of gift tax for the same calendar year or calendar quarter, of estate tax in respect of the taxable estate of the same decedent, or of tax imposed by chapter 41, 42, 43, or 44 with respect to any act (or failure to act) to which such petition relates for the same taxable period, in respect of which the Secretary determined the deficiency, or finds that there is a deficiency but that the taxpayer has made an overpayment of such tax, the Tax Court shall have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the Tax Court has become final, be credited or refunded to the taxpayer. If a notice of appeal in respect of the decision of the Tax Court is filed under section 7483, the Secretary is authorized to refund or credit the overpayment determined by the Tax Court to the extent the overpayment is not contested on appeal.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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