Hallmark Cards, Incorporated and Subsidiaries - Page 10

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               6213(a) (or 7481(c) with respect to a determination of                 
               statutory interest or section 7481(d) solely with                      
               respect to a determination of estate tax by the Tax                    
               Court), no credit or refund of income tax for the same                 
               taxable year, * * * to which such petition relates, in                 
               respect of which the Secretary has determined the                      
               deficiency shall be allowed or made and no suit by the                 
               taxpayer for the recovery of any part of the tax shall                 
               be instituted in any court * * *  [Emphasis added.]                    

               We think it significant that Congress, in enacting section             
          7481(c) in 1988, saw fit specifically to include action under               
          that section in section 6512(a).5  In so doing, Congress voiced             
          its belief that the impact, in respect of a motion to redetermine           
          interest, should be the same as that in respect of a petition to            
          redetermine a deficiency.  In Estate of Ming v. Commissioner,               
          supra (which involved a motion to withdraw), and Dorl v.                    
          Commissioner, supra (which involved a motion for removal to a               
          District Court), we expressly rested our decision on our                    
          inability to renounce jurisdiction under section 6512(a).  Such             
          being the case, we conclude that, since we have jurisdiction over           
          petitioner's motion to redetermine interest under section                   
          7481(c), we must dispose of it on the merits.  It is that task to           
          which we now turn.                                                          
               As stated above, the issues are the same as those involved             
          in Intel Corp. & Consol. Subs. v. Commissioner, 111 T.C. 90                 
          (1998).  For the reasons stated in our opinion in that case, we             


               5  TAMRA, sec. 6246(b)(1), 102 Stat. 3751.  Although the               
          amendment of sec. 7481(c) changed the word "petition" to                    
          "motion", sec. 6512(a) was not similarly amended.                           




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