- 4 - as gross receipts on Schedule C-EZ of their return. The case was tried solely on petitioners’ contention that 97 percent of the remaining overpayment ($2,374.66 less the prior refund of approximately $875.83) should be paid to Mrs. Wolfgram, since 97 percent of the income reported on the return was income earned by her, and, additionally, petitioners claimed that, even though they resided in California, which is a community property State, petitioners had a separation of property agreement under which all of Mrs. Wolfgram’s income constituted her separate property, and all of Mr. Wolfgram’s earnings were community property. This case calls for the review of a reduction of an overpayment under section 6402(d). Section 6402(f) provides that no court of the United States shall have jurisdiction to hear any action, whether legal or equitable, brought to restrain or review a reduction under section 6402(c), (d), or (e), which applies to the facts of this case. The Court notes that the flush language of section 6402(f) states that the prohibition of a court review does not preclude any legal, equitable, or administrative action against the Federal agency to which the overpaid taxes were paid. This Court, therefore, has no jurisdiction to consider the meritsPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011