Llwellyn Greene-Thapedi - Page 7

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               to offset all or part of the tax due for taxable year                  
               1992 although the latter year is otherwise subject to                  
               review under section 6330.  See, e.g., Trent v.                        
               Commissioner, T.C. Memo. 2002-285.                                     
          District Court Refund Suit                                                  
               Petitioner then filed a refund suit in the United States               
          District Court, Northern District of Illinois, Eastern Division,            
          claiming a refund of her 1999 overpayment.  The United States               
          moved to dismiss on the ground that as a matter of law petitioner           
          has no claim for a 1999 overpayment because the credit against              
          the 1999 tax year no longer exists, having been applied against             
          petitioner’s outstanding 1992 tax liability pursuant to section             
          6402(a).  By memorandum opinion and order entered December 11,              
          2003, the District Court denied the Government’s motion to                  
          dismiss, on the ground that it could not determine as a matter of           
          law that petitioner’s 1999 overpayment did not exceed her 1992              
          liability, so that the Government’s section 6402(a) duty to                 
          “refund any balance to such person” would not arise in the                  
          District Court case.  The District Court stated:                            
                    Finally, the Court is mindful that although the                   
               Tax Court does not have concurrent jurisdiction over                   
               the issues in the present suit, which relates to the                   
               1999 tax year, see Statland v. United States, 178 F.3d                 
               465, 470-71 (7th Cir. 1999), the Tax Court proceedings                 
               related to Plaintiff’s 1992 tax liability will likely                  
               resolve certain facts necessary to the resolution of                   
               the present litigation.  Therefore, this matter is                     
               stayed pending the outcome of the Tax Court                            
               proceedings.                                                           







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