- 6 -
recognize the credit against petitioner's estimated tax liability
for 1993, respondent concluded that petitioner had failed to pay
a portion of the tax reported on its income tax return for 1993.
It is this unpaid tax liability against which respondent applied
the net overpayment otherwise due to petitioner for the taxable
years 1982 through 1989.
In analyzing the matter in Dover Corporation and
Subsidiaries v. Commissioner, supra, we observed that respondent
had examined petitioner's income tax returns for 1990 and 1991,
and had issued a notice of deficiency to petitioner for those
years, nearly 1 month before petitioner filed its amended returns
for those years. Under the circumstances, we concluded that
respondent had the authority to reject petitioner's amended
returns for 1990 and 1991. We also concluded that respondent had
the authority to assess and collect the unpaid tax that was
reported on petitioner's income tax return for 1993. Because
respondent was not attempting to collect the disputed deficiency
for 1993, we denied petitioner's Motion to Restrain Assessment or
Collection.
Petitioner's Motions to Enforce Refund of an Overpayment
filed in the present five cases are based on the same theory as
that which underlies petitioner's Motion to Restrain Assessment
or Collection; i.e., that respondent erred in "disallowing" the
credit against estimated taxes reported on petitioner's income
tax return for 1993. Consistent with our conclusion in Dover
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011