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