- 3 - unreduced deficiency and the interest thereon. Respondent has refunded the 1987 overpayment resulting from the carryback, a portion of overpayment interest thereon, and a portion of previously assessed deficiency interest for that year. Petitioner's motion to redetermine interest alleges that respondent erred in computing interest on that portion of the previously existing deficiency that was satisfied by the application of the foreign tax carryback. Respondent computed interest on such deficiency during the period beginning with the due date for petitioner's 1987 tax return and ending with the due date of the 1989 return, March 15, 1990. It is petitioner's position that, in any event, interest on the deficiency should stop accruing as of December 31, 1989, the end of the taxable year in which the carryback arose. Petitioner's position on these issues is identical to that of the taxpayer in Intel Corp. & Consol. Subs. v. Commissioner, 111 T.C. 90 (1998), in which we denied the taxpayer's motion to redetermine interest. Petitioner adopts an indecisive approach to support its motion to withdraw. Thus, it does not directly seek to persuade us to decide that we do not have jurisdiction, apparently assuming that we would decide the issue unfavorably to petitioner, see Bankamerica Corp. v. Commissioner, 109 T.C. 1, 7 (1997). Further, it is apparent that petitioner's concern over our jurisdiction became a critical element in petitioner's strategy only after our decision in Intel Corp. & Consol. Subs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011