Dover Corporation and Subsidiaries - Page 15

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          deficiency that is attributable to the disallowance of the                  
          $35,234,914 short-term capital loss that was claimed on                     
          petitioner's income tax return for 1993.  Moreover, consistent              
          with the statutory definition of a deficiency set forth in                  
          section 6211(a),8 it is clear that the rejection of petitioner's            
          amended returns for 1990 and 1991, which amended returns were               
          filed after the issuance of the notice of deficiency for those              
          years, does not convert the disallowed claims for refund into               
          deficiencies for those years.  See, e.g., Koch v. Alexander, 561            
          F.2d 1115, 1117-1118 (4th Cir. 1977).                                       
               Petitioner also contends that it is anomalous to permit                
          respondent to reject petitioner's amended returns for 1990 and              
          1991 under the circumstances presented herein when petitioner               
          could have achieved the desired result; i.e., an immediate refund           
          attributable to the carryback of the net short-term capital loss            
          from 1993 to 1991, simply by filing an application for a                    
          tentative carryback adjustment pursuant to section 6411.                    
          However, we are reminded of the familiar principle that "a                  

          8  Sec. 6211(a) defines a deficiency as the amount by which                 
          the tax imposed on a taxpayer for a particular taxable year                 
          exceeds the excess of--                                                     
               (1) the sum of                                                         
                    (A) the amount shown as the tax by the taxpayer upon              
               his return * * * plus                                                  
                    (B) the amounts previously assessed (or collected                 
               without assessment) as a deficiency, over--                            
               (2) the amount of rebates * * * .                                      

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