- 4 - On November 21, 2005, respondent’s Appeals Office in Jacksonville, Florida, received petitioner’s 2001 return for filing. The return, which is a joint return by petitioner and his wife, includes the couple’s income (specifically including petitioner’s wages as determined by respondent in the August 22, 2005 notice of deficiency), deductions, credits, and payments. In sum, the return reported a tax liability of $21,229 and claimed Federal income tax withheld of $22,583, thereby resulting in an overpayment (and a request for refund) of $1,354.4 Respondent accepted petitioner’s return as filed and, on January 2, 2006, assessed “additional” tax against petitioner and his spouse in the amount of $21,229; i.e., the amount reported on the delinquently filed return. However, respondent did not refund or credit the $1,354 overpayment; rather, respondent transferred the overpayment into an excess collections account on the ground that the statute of limitations barred refund or credit. Discussion Deficiency Jurisdiction In an action for the redetermination of a deficiency, the Court’s jurisdiction under section 6213(a) depends on (1) the issuance by the Commissioner of a valid notice of deficiency to 4 The return was prepared by a C.P.A. affiliated with an accounting firm.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007