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petitioner's election to treat the overpayments claimed on the
amended returns as credits to be applied as estimated tax
payments for succeeding taxable years.
Consistent with the decision not to accept petitioner's
amended returns for 1990 and 1991, respondent concluded that
petitioner had failed to pay a portion of the tax reported on its
income tax return for 1993. Specifically, respondent assessed
(and is attempting to collect) tax for 1993 directly related to
the disallowance of the $12,621,181 overpayment claimed on
petitioner's amended return for 1991--the amount that petitioner
attempted to treat as a credit to be applied as an estimated tax
payment for 1993.
Notably, petitioner's petition for redetermination, filed at
docket No. 21334-94 on November 18, 1994, contesting respondent's
deficiency determinations for 1990 and 1991, includes allegations
intended to invoke the Court's jurisdiction to determine an
overpayment pursuant to section 6512(b); i.e., that petitioner is
entitled to refunds for overpayments based upon the items
reported in its amended returns for 1990 and 1991.
The Court is satisfied that respondent's collection efforts
are not directed at the deficiency for 1993 that is the subject
of the petition filed in the present case. In particular, the
only relationship between the deficiency in dispute in the
present case and the amount that respondent has assessed and is
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