Barbara Deaton - Page 8

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          jurisdiction over the type of tax involved in the case.  Sec.               
          6330(d)(1)(A); see Iannone v. Commissioner, 122 T.C. 287, 290               
          (2004).  Where the underlying tax liability is properly at issue,           
          we review the determination on a de novo basis.  E.g., Goza v.              
          Commissioner, 114 T.C. 176, 181-182 (2000).  Where the underlying           
          tax liability is not properly at issue, we review the                       
          determination for abuse of discretion.  Id. at 182.                         
               B.  Credit or Refund of Overpayment                                    
                    1.  Code Provisions                                               
               Section 6402(a) provides generally that the Secretary may,             
          within the applicable period of limitations, credit a taxpayer’s            
          overpayment against any other Federal tax liability of that                 
          taxpayer and refund any remaining balance.                                  
               Section 6511(a) provides that the general period of                    
          limitations for filing a claim for credit or refund ends (1) 3              
          years after the filing of the return in question, or (2) 2 years            
          after the payment of the tax, whichever period expires later.               
          Under the “lookback” rule of section 6511(b)(2)(A), if the claim            
          is filed within the 3-year period of limitations, the amount of             
          the credit or refund is limited to the amount of tax paid by the            
          claimant during the 3-year period immediately preceding the                 
          filing of the claim, extended by any period of extension for                
          filing the return in question.                                              







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