- 4 - As explained in greater detail in our Memorandum Opinion filed this day in a companion case, Dover Corporation and Subsidiaries v. Commissioner, T.C. Memo. 1997-339, respondent did not refund the above-described $3 million overpayment to petitioner, but rather applied such amount against what respondent concluded was petitioner's unpaid tax liability for 1993. In response to respondent's action, petitioner filed its Motions to Enforce Refund of Overpayment; petitioner also filed a Motion to Restrain Assessment or Collection in the companion case, Dover Corporation and Subsidiaries v. Commissioner, docket No. 24250-96. The latter docket involves petitioner's tax liabilities for 1992 and 1993. Respondent contends that the assessment and related collection action regarding petitioner's tax liability for 1993 are proper and, therefore, that petitioner's Motions to Enforce Refund of an Overpayment should be denied. Discussion Section 6512(b)(2) provides: (2) Jurisdiction To Enforce.--If, after 120 days after a decision of the Tax Court has become final, the Secretary has failed to refund the overpayment determined by the Tax Court, together with the interest thereon as provided in subchapter B of chapter 67, then the Tax Court, upon motion by the taxpayer, shall have jurisdiction to order the refund of such overpayment and interest. Because petitioner filed its Motions to Enforce Refund of an Overpayment more than 120 days after the date on which thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011