- 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 DoverPage: Previous 1 2 3 4 5 6 7 Next
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