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In the case of any overpayment, the Secretary
* * * may credit the amount of such overpayment * * *
against any liability in respect of an internal revenue
tax on the part of the person who made the overpayment
* * *.
When petitioners filed their 1997 return in April 1998, they
had an unpaid liability with respect to their taxable year 1990
that exceeded the amount of petitioners’ 1997 overpayment shown
in that return. We hold that section 6402(a) authorized respon-
dent to credit petitioners’ 1997 overpayment against their unpaid
1990 liability.
We now address what we understand to be petitioners’ posi-
tion that the Court should review respondent’s failure to abate
any penalties and interest under section 6404 with respect to
their taxable years 1994, 1995, and 1998 and should abate any
such penalties and interest. We turn first to petitioners’
position regarding respondent’s failure to abate interest under
section 6404. The record does not establish that petitioners
raised at their Appeals Office hearing respondent’s failure to
abate interest under section 6404.11 Consequently, we shall not
consider that matter.12 See Magana v. Commissioner, 118 T.C.
11In support of their contention that they raised at their
Appeals Office hearing respondent’s failure to abate interest
under sec. 6404, petitioners rely on a document that they at-
tached to their answering brief and that is not part of the
instant record. The Court has disregarded that document. See
Rule 143(b).
12Assuming arguendo (1) that the record before us had estab-
(continued...)
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