Dover Corporation and Subsidiaries, et al. - Page 6

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          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               




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