Llwellyn Greene-Thapedi - Page 32

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          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.              






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