Llwellyn Greene-Thapedi - Page 33

                                       - 33 -                                         
          Robinette v. Commissioner, 123 T.C. 85, 93 (2004); Washington I,            
          120 T.C. at 128 (Halpern, J., concurring).  Where a challenge to            
          the existence or amount of a taxpayer’s underlying liability is             
          properly before the Court, “we should decide that challenge in              
          the same manner as we would redetermine a deficiency pursuant to            
          section 6214.”  Washington I, supra at 129 (Halpern, J.,                    
          concurring).  Accordingly, when a taxpayer challenges the amount            
          of the underlying liability pursuant to section 6330(c)(2)(B),              
          our review of the underlying tax liability may lead to the                  
          conclusion that the underlying tax liability should be lowered,             
          and such a finding presents the possibility of the existence of             
          an overpayment, as is the case herein.                                      
               Particularly as section 6330 cases involve a prepayment                
          posture and an opportunity to contest collection of the amount of           
          tax owed, and the tax must be paid in full as a prerequisite to             
          commencement of a refund suit brought in U.S. District Court or             
          the U.S. Court of Federal Claims, lack of jurisdiction to decide            
          an overpayment in section 6330 cases would leave taxpayers in a             
          “Catch-22” where their tax was overpaid but the period of                   
          limitations on claiming the refund may have run, the look-back              
          rules of section 6511(b) may limit or eliminate the amount of the           











Page:  Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  Next

Last modified: May 25, 2011