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Secretary has made an underpayment of interest,
then that determination shall be treated under
section 6512(b)(1) as a determination of an
overpayment of tax. An order of the Tax Court
redetermining interest, when entered upon the
records of the court, shall be reviewable in the
same manner as a decision of the Tax Court.
Section 7481(c) was amended by the Taxpayer Relief Act of 1997
(the amendment), Pub. L. 105-34, sec. 1452, 111 Stat. 1054,
effective on the date of enactment, August 5, 1997. Prior to the
amendment, section 7481(c) read:
(c) Jurisdiction Over Interest Determinations.--
Notwithstanding subsection (a), if--
(1) an assessment has been made by the
Secretary under section 6215 which includes
interest as imposed by this title,
(2) the taxpayer has paid the entire amount
of the deficiency plus interest claimed by the
Secretary, and
(3) within 1 year after the date the decision
of the Tax Court becomes final under subsection
(a), the taxpayer files a petition in the Tax
Court for a determination that the amount of
interest claimed by the Secretary exceeds the
amount of interest imposed by this title,
then the Tax Court may reopen the case solely to
determine whether the taxpayer has made an overpayment
of such interest and the amount of any such
overpayment. * * *
Specifically, petitioner argues that, since the decision in
this case became final under section 7481(a) prior to the
amendment, the earlier version of section 7481(c) applies, and
such version may be viewed as giving this Court jurisdiction to
determine interest only where a deficiency is assessed under
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Last modified: May 25, 2011