- 40 - the correct amount of tax”. Montgomery v. Commissioner, 122 T.C. at 10. In section 6330 cases, taxpayers should be able to claim an overpayment, and the Court should be able to enter a decision for an overpayment to ensure that the Commissioner collects no more than the correct amount of tax. Although the Tax Court has limited jurisdiction,7 section 6330 expanded the Court’s jurisdiction. Robinette v. Commissioner, 123 T.C. at 99. The language of the statute provides a broader remedy than the majority’s narrow interpretation allows. Montgomery v. Commissioner, supra at 9. The legislative history does not provide any specific expression of Congressional intent to bar taxpayers, such as petitioner, from raising an overpayment claim. Id. at 10. The majority limits the remedies available to taxpayers by holding that in section 6330 proceedings they cannot obtain a decision that there is an overpayment. Furthermore, the majority does not review petitioner’s challenge to the amount of her tax liability for 1992 even though she properly raised this issue. Without a clear jurisdictional prohibition or inability, it would be most unjust to prohibit taxpayers from claiming an overpayment of the 7 Occasionally the Court has myopically seen its “limited jurisdiction as reasons to be extra conservative in determining the Tax Court’s jurisdiction.” Estate of Baumgardner v. Commissioner, 85 T.C. at 456. This is not such an occasion, especially given the remedial nature of the statute in question.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011