- 11 - under section 31 (relating to tax withheld on wages) * * * estimated tax payments, and other payments in satisfaction of tax liability made before the return is filed, exceed the tax shown on the return (provided such excess has not been refunded or allowed as a credit to the taxpayer). [Emphasis added.] Thus, section 1.6664-2(d), Income Tax Regs., provides that amounts “collected without assessment” can include estimated tax payments, but only to the extent those payments, along with withholding or other credits, exceed the tax shown on the return, and only so long as the excess has not been refunded or allowed as a credit to the taxpayer. As we have found above, respondent first credited the disputed estimated tax payments to petitioners’ taxable year 2002. After petitioners reported an overpayment of $17,645 on their 2002 tax return, respondent credited $10,406.63 of the claimed overpayment to Mr. Ryals’s 1978 tax liability pursuant to section 6402(a).8 As stated above this Court does not have jurisdiction to review any credit or reduction made by the Commissioner pursuant to section 6402(a). See sec. 6512(b)(4); Savage v. Commissioner, supra at 49. Accordingly, we hold that we do not have jurisdiction to decide whether respondent 8Respondent was not precluded from subsequently determining a deficiency for petitioners’ 2002 taxable year despite allowing a portion of the claimed overpayment. See Terry v. Commissioner, 91 T.C. 85, 87 (1988).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011