Dover Corporation and Subsidiaries - Page 12

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          attempting to collect is that a portion of the deficiency for               
          1993 is attributable to respondent's determination to disallow              
          the $35,234,914 short-term capital loss claimed on petitioner's             
          income tax return for 1993, whereas respondent's collection                 
          efforts are directed at amounts due as a consequence of                     
          respondent's decision not to accept petitioner's amended return             
          for 1991, which amended return included a claimed carryback of a            
          large portion of the short-term capital loss claimed in 1993.               
          Notwithstanding this relationship, it is evident that respondent            
          has not assessed the amount of the deficiency disputed by                   
          petitioner in its petition for 1993.                                        
          Petitioner relies upon section 6402(a) and (b) and section                  
          6513(d), as well as section 301.6402-3(a)(5), Proced. & Admin.              
          Regs., to support its position that respondent's collection                 
          efforts are improper.  Section 6402(a) provides that the                    
          Commissioner may credit an overpayment of tax against any                   
          outstanding tax liability of the taxpayer and shall refund the              
          balance, if any, to the taxpayer.  Section 6402(b) provides that            
          the Commissioner may prescribe regulations under which an                   
          overpayment, determined by the taxpayer or the Commissioner, can            
          be credited against estimated income tax for the taxpayer's                 
          succeeding taxable year.  Section 301.6402-3(a)(5), Proced. &               
          Admin. Regs., provides that if the taxpayer elects to have all or           
          part of an overpayment applied as a credit against estimated                

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