- 9 - due legally enforceable debt” to such agency, to reduce the amount of any “overpayment” payable to the person by the amount of such debt and pay this amount to the agency. The intercept takes precedence over petitioner’s direction that the overpayment for 2001 be credited against his tax liability for 2002. See sec. 6402(d)(2); sec. 301.6402-6(g)(3), Proced. & Admin. Regs. Pursuant to section 6402(f), this Court lacks jurisdiction to restrain or review any reduction made by the Secretary under section 6402(d). Accordingly, we lack jurisdiction to consider petitioner’s claim that the Treasury Department improperly paid over the $1,738 to DOE. See Wooten v. Commissioner, T.C. Memo. 2003-113. On his Form 1040A, petitioner included $1,725 of the $1,738 offset amount, along with $531 of Federal income tax withheld, in claiming a $2,256 overpayment. In the notice of deficiency, respondent increased petitioner’s deficiency by $2,256, with an explanation that this adjustment reflected the disallowance of an additional child tax credit. The parties have stipulated, however, that petitioner claimed no additional child tax credit for 2002. We treat this stipulation as a concession by respondent that the notice of deficiency erred by increasingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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