- 7 - Receipt is therefore immaterial to the issues before the Court. As explained more fully below, we agree that petitioners’ claim with respect to the disputed refund check does not decrease the amount of the otherwise agreed-upon deficiency and cannot give rise to an overpayment in the present circumstances. 1. No Effect on the Agreed-Upon Deficiency The disputed refund check is immaterial to the calculation of petitioners’ deficiency. “Deficiency” is a term of art defined in section 6211. Generally speaking and as relevant herein, a deficiency is simply the amount by which the “tax imposed” under the law exceeds the amount of tax shown on the return. Sec. 6211(a). The determination of a deficiency under section 6211(a) does not take into account payment or nonpayment of a claimed EIC. See Wilson v. Commissioner, T.C. Memo. 2001- 139. Moreover, the amount of a deficiency is determined without regard to the amount of taxes withheld on a taxpayer’s income. See sec. 6211(a) and (b)(1); Keefe v. Commissioner, 15 T.C. 947, 955-956 (1950). In the instant case, the “tax imposed” on petitioners’ 2000 income is zero. The tax shown by petitioners on their 2000 tax return was negative $2,396; i.e., the amount of EIC they showed on their 2000 tax return and which they now concede is notPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011