- 7 - section 6215. Because our decision in this case did not determine any deficiency for 1987, no deficiency was assessed under section 6215, and therefore, petitioner argues, the Court may not have jurisdiction under the earlier version of section 7481(c). As indicated, the amendment has an effective date of August 5, 1997. Unlike some statutory amendments, the effective date is not tied to a specific event.3 Although the decision in this case became final under section 7481(a) before the effective date, the motion to redetermine interest was filed after the effective date. Thus, at the time of filing the motion to redetermine interest, the Court's jurisdiction undoubtedly extended to interest where the Court's decision on its face has determined only an overpayment, as is the case herein. Aside from the effective date issue, we do not share petitioner's concern as to our jurisdiction because no deficiency was determined by this Court and assessed pursuant to section 6215 as provided in section 7481(c)(1) as it existed prior to the amendment. Section 6215 provides in pertinent part: 3 Cf., e.g., Technical and Miscellaneous Revenue Act of 1988 (TAMRA), Pub. L. 100-647, sec. 6246, 102 Stat. 3751 (jurisdiction to review interest assessed on deficiency determined by the Tax Court effective with assessments made after date of enactment); TAMRA, sec. 6247, 102 Stat. 3751 (jurisdiction to reopen estate tax cases to determine deduction for interest paid on installments of taxes effective for cases for which the decision is not final on date of enactment).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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