W. August Hillenbrand and Nancy K. Hillenbrand - Page 15




                                       - 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

Last modified: May 25, 2011