- 8 -
(B) the amounts previously
assessed (or collected without
assessment) as a deficiency, over–-
(2) the amount of rebates, as defined in
subsection (b)(2), made.
Petitioners contend that the payments in issue fall within
the parenthetical language of section 6211(a)(1)(B), “(or
collected without assessment)”. We disagree. Petitioners’
argument ignores the language immediately following the
parenthetical phrase; i.e., “as a deficiency”. Petitioners
contend that they intended the payments in issue to be estimated
tax payments for taxable year 2002. At the time petitioners made
the payments in issue, they had not even filed their 2002 tax
return. Section 6211(b) provides that, for purposes of that
section, the tax imposed by subtitle A and the tax shown on the
return “shall both be determined without regard to payment on
account of estimated tax”. See Mackey v. Commissioner, T.C.
Memo. 2004-70; Malachinski v. Commissioner, T.C. Memo. 1999-182,
affd. 268 F.3d 497 (7th Cir. 2001); see also sec. 301.6211-1(b),
Proced. & Admin. Regs. (“Payments on account of estimated income
tax * * * shall likewise be disregarded in the determination of a
deficiency.”).
We therefore conclude that the payments in issue were
estimated tax payments and not amounts assessed (or collected
without assessment) as a deficiency pursuant to section
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011