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1998, pursuant to Rule 121.1 These consolidated cases involve
petitioner's taxable years 1988 through 1993.2
As a preliminary matter, we must decide whether this Court
has jurisdiction to determine whether petitioner has made
overpayments for 1988 through 1991 based on petitioner's alleged
overpayment of interest. If we have jurisdiction, we must decide
whether to grant petitioner's motion for partial summary
judgment.
Background
Petitioner alleges that by May 1995, the parties had reached
a tentative settlement regarding part of the underpayments that
respondent had determined for the years 1988 through 1991 and had
also reached a tentative agreement that petitioner had made
overpayments of tax for 1984 and 1987. Petitioner alleges it
notified respondent that its overpayments for 1984 and 1987
should be used to offset the agreed underpayments for 1988
through 1991. The overpayments for 1984 and 1987 exceeded the
1Unless otherwise indicated, all Rule references are to the
Tax Court Rules of Practice and Procedure, and all section
references are to the Internal Revenue Code in effect for the
years in issue.
2For Federal income tax purposes, petitioner reported on a
fiscal year basis for the years ending: June 29, 1988; June 28,
1989; June 27, 1990; June 26, 1991; June 24, 1992; and June 30,
1993.
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