- 4 - Discussion Under section 6402(a), the Secretary, within the applicable period of limitations, may credit any amount of an overpayment against any liability attributable to an internal revenue tax owed by the person who made the overpayment. As discussed above, respondent credited petitioners’ 2003 overpayment to petitioners’ outstanding tax liabilities for 1991 and 1992. Petitioners would have us recredit their 2003 overpayment towards their $1,779 deficiency for 2003 to cover the 10-percent additional tax resulting from the early withdrawal from their retirement account. Petitioners offer no support for their argument that we possess jurisdiction to recredit petitioners’ overpayment. We cannot recredit petitioners’ overpayment. The Tax Court is a court of limited jurisdiction and may exercise its jurisdiction only to the extent expressly authorized by Congress. Naftel v. Commissioner, 85 T.C. 527 (1985). Pursuant to section 6512(b)(4), we do not have jurisdiction to review any credit made by the Commissioner under section 6402(a). See Bocock v. Commissioner, 127 T.C. 178, 182 (2006); Savage v. Commissioner, 112 T.C. 46, 49-51 (1999). Accordingly, we do not have jurisdiction to decide whether respondent properly credited petitioners’ 2003 overpayment to tax years 1991 and 1992.Page: Previous 1 2 3 4 5 NextLast modified: November 10, 2007