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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 the
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