- 41 - tax in this forum and require them to seek it in another. See Estate of Baumgardner v. Commissioner, 85 T.C. at 446. I do not believe that Congress intended, when enacting section 6330, to expand this Court’s jurisdiction and at the same time create a situation where choice of this forum would provide such unfair results. See id. at 453. To narrowly interpret the statute to prevent the Court from deciding an overpayment exists frustrates our congressionally conferred jurisdiction. As we noted in Estate of Baumgardner v. Commissioner, supra at 457: “it is hard to imagine that Congress could have intended to bifurcate an ‘overpayment’” and that “It is equally hard to imagine that an ‘overpayment’ has a different meaning depending upon the forum. Either of those approaches would force some taxpayers to resolve a single tax controversy in two different forums”, and this would duplicate costs for taxpayers. The majority’s approach will force taxpayers to resolve a single tax controversy in two different forums--assuming arguendo that they were not so barred by the period of limitations, res judicata, or prejudiced by having their claim being reduced or eliminated by the look-back rules of section 6511(b). I seek to find harmony in the statutory framework in order to avoid acute injustice to taxpayers. “Considering the overcrowded dockets in most Federal courts, we cannot be insensitive to opportunities to avoid unnecessary litigation.”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