- 2 - OPINION TANNENWALD, Judge: On January 28, 1997, the Court entered a decision in the instant case, which became final within the meaning of section 7481(a)1 on April 28, 1997. On March 26, 1998, petitioner timely filed a motion under section 7481(c) and Rule 261 to redetermine interest on deficiency for the taxable year 1987 (motion to redetermine interest). Subsequently, on August 27, 1998, petitioner filed a motion for leave to withdraw motion to redetermine interest on deficiency (motion to withdraw). Petitioner filed its motion to withdraw in order to pursue remedies in another forum, citing concerns about this Court's jurisdiction to redetermine interest under the facts of the instant case. Petitioner is a corporation whose principal offices were in Kansas City, Missouri, at the time its petition was filed. The Court's decision, pursuant to the stipulation of the parties, determined that there were overpayments for each of the taxable years 1987 and 1988. According to the stipulation, the overpayment for 1987 was due to a foreign tax carryback from 1989. The amount of the carryback exceeded the amount of the deficiency (as shown in the stipulation) computed without taking such foreign tax carryback into effect. Petitioner has paid the 1 Unless otherwise indicated, all section references are to the Internal Revenue Code as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011