- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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