Llwellyn Greene-Thapedi - Page 17

                                       - 17 -                                         
          Id. at 233, 1988-3 C.B. at 723.  In the Taxpayer Relief Act of              
          1997, Pub. L. 105-34, sec. 1451, 111 Stat. 1054, Congress enacted           
          section 6512(b)(4), which clarifies that in determining an                  
          overpayment pursuant to section 6512(b), the Tax Court has no               
          jurisdiction to “restrain or review any credit or reduction made            
          by the Secretary under section 6402.”  See H. Conf. Rept. 105-              
          220, at 732 (1997), 1997-4 C.B. (Vol. 2) 1457, 2202 (stating that           
          this amendment “clarifies that the Tax Court does not have                  
          jurisdiction over the validity or merits of the credits or                  
          offsets that reduce or eliminate the refund to which the taxpayer           
          was otherwise entitled.”).                                                  
               In sum, given that explicit statutory authority was required           
          before this Court acquired jurisdiction to determine overpayments           
          in deficiency cases, and given that additional explicit statutory           
          authority was required before this Court acquired, decades later,           
          jurisdiction to enforce such an overpayment, and given that                 
          Congress later clarified legislatively that this overpayment                
          jurisdiction did not extend to reviewing credits under section              
          6402 (such as the credit of petitioner’s 1999 overpayment against           

               18(...continued)                                                       
          Stat. 1457 (1996).  This Court has construed this provision,                
          which expressly cross-references sec. 6512(b), as conferring on             
          the Tax Court jurisdiction to determine the amount of a                     
          taxpayer’s overpayment in a proceeding brought pursuant to sec.             
          6404(h) to review the IRS’s failure to abate interest.  See                 
          Goettee v. Commissioner, T.C. Memo. 2003-43.                                






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