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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. * * *
Notably, petitioners abandoned their alternative position in
the memoranda that they filed after the hearing in these cases.
Petitioners now assert that the question regarding the
"applicable date" for computing interest at the increased rate
prescribed in section 6621(c) is not an issue the resolution of
which falls within this Court's jurisdiction under section
7481(c). Petitioners further assert that if this Court also
lacks jurisdiction to redetermine their liability for such
interest in these deficiency proceedings, then they would be left
without a remedy in this Court.12
Consistent with the plain language of section 7481(c), it is
evident that the proceeding contemplated by such section may only
be brought after this Court's decision regarding the underlying
deficiency is final and the taxpayer has paid the interest in
dispute. See Asciutto v. Commissioner, T.C. Memo. 1992-564,
affd. 26 F.3d 108 (9th Cir. 1994). Accordingly, the scope of
this Court's jurisdiction under section 7481(c) is not a matter
that is properly before us at this time, and we therefore leave
12Petitioners do not assert that they would be without a
remedy in some other court.
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