- 10 - (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. * * * See also Rule 261, which implements sec. 7481(c); Note to Rule 261, 93 T.C. 1040-1041; Stauffacher v. Commissioner, 97 T.C. 453, 455-456 (1991). There is no dispute that, as to both tax years, the three requirements of section 7481(c) have been met. First, the entire amount of the deficiency plus interest has been paid. Sec. 7481(c)(2); Melin v. Commissioner, 54 F.3d 432 (7th Cir. 1995), affg. an order of this Court. Second, a timely petition was filed. Sec. 7481(c)(3). Third, a deficiency which includes interest has been assessed in respect of each year. Sec. 7481(c)(1); Asciutto v. Commissioner, T.C. Memo. 1992-564, affd. 26 F.3d 108 (9th Cir. 1994). In this connection, even though an overpayment was ultimately found for 1977, there was a deficiency for the period during which interest accrued, which is the subject of this dispute. In addition, where we have jurisdiction to determine an overpayment (as we did in the original deficiency proceeding in this case), we also have jurisdiction over the interest on that overpayment. Estate of Baumgardner v. Commissioner, 85 T.C. 445Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011