- 9 - 6211(a)(1)(B). Accordingly, the payments in issue did not reduce the deficiency in the instant case. We do not have jurisdiction over the issue of whether respondent improperly credited the payments in issue because respondent credited $10,406.63 to Mr. Ryals’s 1978 tax liability, pursuant to section 6402(a), after petitioners reported an overpayment of $17,645 on their 2002 tax return. This Court does not have jurisdiction to review the credit made by the Commissioner pursuant to section 6402(a) in the instant case. See sec. 6512(b)(4); Savage v. Commissioner, 112 T.C. 46, 49-51 (1999).6 Because our decision will include a section 6662(a) penalty, we address whether the payments in issue reduce the underpayment on which the penalty is imposed even though the parties did not raise the issue. In Woods v. Commissioner, 91 T.C. 88, 99 (1988), we held that “withholding credits must be subtracted from the ‘understatement’ to arrive at the ‘amount of any underpayment’” in computing the addition to tax under section 6661(a).7 After our decision in Woods, the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-239, sec. 7721, 103 Stat. 6Cf. Smith v. Commissioner, 123 T.C. 15, 26 (2004), revd. on other grounds 429 F.3d 533 (5th Cir. 2005). 7Former sec. 6661 provided an addition to tax for a substantial understatement of a liability. The amount of the addition to tax was 25 percent of the amount of any underpayment attributable to such understatement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011