- 32 - eliminate the unpaid tax for the years in issue, we have reviewed those arguments. In Landry v. Commissioner, 116 T.C. 60 (2001), Tedokon v. Commissioner, T.C. Memo. 2002-308, and Deaton v. Commissioner, T.C. Memo. 2005-1, we considered whether section 6511 precluded the allowance of any portion of the taxpayers’ overpayment from prior years as a credit against the taxpayers’ tax liabilities for subsequent years that were the years in issue--i.e., whether the overpayments were made within the section 6511 look-back period. In none of these cases were the overpayments made within the applicable look-back period. Accordingly, we did not reach the issue of whether we had authority to enter a decision that an overpayment exists. Deciding an Overpayment Exists in Section 6330 Cases When a taxpayer petitions this Court seeking review of the Commissioner’s section 6330 determination regarding the taxpayer’s underlying tax liability under section 6330(c)(2)(B), we take jurisdiction over the entire underlying tax liability. Cf. Estate of Mueller v. Commissioner, 101 T.C. 551, 556 (1993); Naftel v. Commissioner, 85 T.C. at 533. The term “underlying tax liability” includes both amounts assessed following the issuance of a notice of deficiency and amounts “self-assessed” by taxpayers. Montgomery v. Commissioner, 122 T.C. 1, 7-8 (2004). When reviewing a determination regarding section 6330(c)(2)(B), the Court reviews the underlying tax liability.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011