Theodus J. Jordan - Page 9

                                        - 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 increasing                











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011