Winn-Dixie Stores, Inc. and Subsidiaries - Page 7

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          situations is present in this case.  Respondent does not seek to            
          reduce petitioner's refunds for 1984 or 1987 by the agreed                  
          underpayments for 1988 through 1991.  Indeed, respondent has                
          already issued the refunds for 1984 and 1987.  We are not being             
          asked to restrain or review a reduction of a refund under section           
          6402.  Therefore, section 6512(b)(4) does not operate to deny us            
          jurisdiction to entertain petitioner's claim that it has made               
          overpayments as a result of respondent's failure to offset                  
          overpayments for 1984 and 1987 against agreed underpayments for             
          1988 through 1991.                                                          
               Petitioner's alleged overpayment of interest is a matter               
          that falls within this Court's overpayment jurisdiction under               
          section 6512(b).                                                            
               Section 6512(b)(1) provides that                                       

               if the Tax Court finds that there is no deficiency and                 
               further finds that the taxpayer has made an overpayment                
               of income tax for the same taxable year,                               
               * * * or finds that there is a deficiency but that the                 
               taxpayer has made an overpayment of such tax, the Tax                  
               Court shall have jurisdiction to determine the amount                  
               of such overpayment * * *                                              




               3(...continued)                                                        
          Tax Court does not have jurisdiction over the validity or merits            
          of the credits or offsets that reduce or eliminate the refund to            
          which the taxpayer was otherwise entitled."  H. Rept. 105-148, at           
          637-638 (1997); S. Rept. 105-33, at 302-303 (1997); see H. Conf.            
          Rept. 105-220, at 732 (1997).                                               





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