John and Kristine Wolfgram - Page 5

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          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 merits           











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