Llwellyn Greene-Thapedi - Page 40

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          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.            




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