Dover Corporation and Subsidiaries - Page 14

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               In the normal course, the immediate rejection of a claim for           
          refund might lead the taxpayer to file a refund suit in the                 
          appropriate Federal District Court or the Court of Federal                  
          Claims.  Sec. 7422.  In the present case, respondent decided not            
          to accept petitioner's amended returns for 1990 and 1991, which             
          decision was made after the examination of those years and the              
          issuance of a notice of deficiency for those years.  Respondent's           
          decision made it appropriate for petitioner to allege, as it did            
          in its petition for 1990 and 1991, that it is entitled to a                 
          refund consistent with its reporting position as set forth in its           
          amended returns.  Sec. 6512(b).  However, petitioner's decision             
          to invoke this Court's jurisdiction to determine an overpayment             
          does not render respondent's collection efforts in the present              
          case improper.  To the contrary, by definition, this Court's                
          jurisdiction to determine an overpayment is based upon the                  
          premise that the amount in question has been collected.                     
               Petitioner argues in the alternative that respondent has               
          violated the deficiency procedures by "implicitly" disallowing              
          the short-term capital loss claimed on petitioner's income tax              
          return for 1993, as well as the carryback of the net short-term             
          capital loss claimed on petitioner's amended return for 1991, and           
          then taking steps to collect the resulting "deficiency".  To the            
          contrary, and as discussed above, respondent is not attempting to           
          collect the deficiency for 1993, including the portion of the               

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