Llwellyn Greene-Thapedi - Page 41

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          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.”              






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