- 2 - Held: This Court does not have jurisdiction over the issue of whether R improperly applied the 2002 payments to P husband’s 1978 tax liability because R credited P husband’s 1978 tax liability pursuant to sec. 6402(a), I.R.C., after Ps reported an overpayment on their 2002 tax return. This Court does not have jurisdiction to review any credit or reduction made by the Commissioner pursuant to sec. 6402(a), I.R.C. Sec. 6512(b)(4), I.R.C.; Savage v. Commissioner, 112 T.C. 46, 49-51 (1999). Keith H. Johnson, for petitioners. Lauren Epstein, for respondent. WELLS, Judge: The instant case is before the Court on respondent’s motion to enter a decision. The parties previously had represented to the Court that the case was settled and filed a stipulation of settled issues. We must decide: (1) Whether we have jurisdiction to decide whether respondent improperly credited to an earlier taxable year an overpayment that petitioners reported on their income tax return for taxable year 2002, and, (2) if we find that we have such jurisdiction, whether respondent improperly credited the overpayment. Unless otherwise indicated all section references are to the Internal Revenue Code, as amended. FINDINGS OF FACT Some of the facts and certain exhibits have been stipulated. The parties’ stipulations of fact are incorporated in thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011