- 9 - (indeed, respondent contends that he has already paid out petitioners’ claimed overpayment, which includes this $225 amount).4 As previously noted, the tax imposed on petitioners’ 2000 income is zero. Accordingly, if we were to find that respondent never paid out the part of petitioners’ claimed overpayment attributable to their $225 wage withholding credit, then, pursuant to section 6401(b), $225 (the excess of $225 over zero) would be considered an overpayment, at least viewed in isolation. Our analysis, however, does not end there, for ultimately, in determining whether petitioners have made an overpayment, the question is not how this $225 item should be viewed in isolation but whether petitioners have made “payment in excess of that which is properly due.” Jones v. Liberty Glass Co., supra at 531. The answer to that question is clearly no. Although the tax imposed on petitioners’ 2000 income is zero, there remains an agreed deficiency of $2,396, due to their erroneously claiming the EIC on their return. Of that sum, it is undisputed that $1,725 has been refunded to them or for their benefit. If we were to assume, as petitioners claim, that the $896 disputed refund check went astray and that petitioners’ $225 wage 4 Inasmuch as petitioners concede that they were not entitled to the EIC claimed on their 2000 tax return, the EIC is not an “allowable” credit and so is not considered in determining the existence or amount of an overpayment pursuant to sec. 6401(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011