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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.
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Last modified: November 10, 2007