110 T.C. No. 23 UNITED STATES TAX COURT WINN-DIXIE STORES, INC. AND SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 26236-95, 27027-96, Filed April 27, 1998. 5382-97. R determined deficiencies in P's taxable years 1988 through 1993. P agreed in part with R's determinations for 1988 through 1991 and entered into an agreement with R regarding the uncontested amounts. R also determined overpayments of tax for 1984 and 1987, which are not before the Court. R refunded the 1984 and 1987 overpayments plus interest. P claims that R should have honored P's request to credit the overpayments for 1984 and 1987 against the agreed underpayments for 1988 through 1991 pursuant to R's authority to offset under sec. 6402(a), I.R.C. Interest on underpayments is computed at a higher rate than interest on overpayments. However, when R exercises his authority under sec. 6402(a), I.R.C., sec. 6601(f), I.R.C., provides that there shall be no interest due for the period of mutual indebtedness. Had R used the overpayments to offset the agreed underpayments, P's liability attributable to the agreed underpayments would have been substantially less. PPage: 1 2 3 4 5 6 7 8 9 10 Next
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