- 6 - There is no dispute that petitioner’s 1991 and 1997 tax liabilities have been fully satisfied and that respondent is no longer pursuing any collection action with respect to those tax liabilities. The only relief petitioner has sought in this proceeding is a refund of $537.52, on the ground that the levy has resulted in overpayment of her 1991 and 1997 taxes by that amount. Although neither party has contested our jurisdiction to consider petitioner’s refund claim in this section 6330 proceeding, jurisdiction may not be conferred upon the Court by agreement or through equitable principles such as estoppel. Clark v. Commissioner, supra at 109. This Court can, sua sponte, question its jurisdiction at any time. Id.; Smith v. Commissioner, 124 T.C. 36, 40 (2005). This Court has recently held that it lacks jurisdiction in section 6330 collection proceedings to determine the amount of an overpayment or to order a refund or credit of taxes. Greene- Thapedi v. Commissioner, 126 T.C. 1 (2006). Accordingly, this Court lacks jurisdiction to consider petitioner’s claim for a refund in this collection proceeding. Petitioner has not alleged, and the record does not suggest, any procedural defect in the levy upon her State tax refund such as might warrant the Court’s exercise of its inherent equitable powers to order thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011