Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 20

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               We do not think that sections 6402 and 6512(b)(4)                      
          contemplate the situation presented in this case.  A more logical           
          interpretation of sections 6402 and 6512(b)(4) is that this Court           
          may not restrain or review the Commissioner’s section 6402(a)               
          application of an overpayment amount to tax liabilities other               
          than those which were the subject of the overpayment decision.              
          See, e.g., Savage v. Commissioner, 112 T.C. 46 (1999).  Our                 
          interpretation is buttressed by the language of section 6402(a),            
          which gives the Secretary the power to “credit the amount of such           
          overpayment, including any interest allowed thereon, against any            
          liability in respect of an internal revenue tax on the part of              
          the person who made the overpayment”.  Before section 6402 comes            
          into play, there must be an overpayment of a specific tax, and              
          the amount of that overpayment must be calculated by determining            
          the proper amount of tax and determining the amount by which                
          payments exceed the proper tax.  As we have held above, the                 
          proper amount of tax for purposes of an overpayment includes                
          underpayment interest.                                                      
               Section 6512(b)(2), which forms the basis of our                       
          jurisdiction to order the refund of an overpayment provides:                
                    (2) Jurisdiction to enforce.--If, after 120 days                  
               after a decision of the Tax Court has become final, the                
               Secretary has failed to refund the overpayment                         
               determined by the Tax Court, together with the interest                
               thereon as provided by subchapter B of chapter 67, then                
               the Tax Court, upon motion by the taxpayer, shall have                 






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