Winn-Dixie Stores, Inc. and Subsidiaries - Page 5

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               The rate for calculating interest on overpayments is less              
          than the rate for calculating interest on underpayments.  See               
          sec. 6621(a)(1) and (2).  However, when respondent exercises his            
          authority to offset under section 6402(a), section 6601(f)                  
          provides that there shall be no net interest due for the period             
          of mutual indebtedness.  Petitioner maintains that it overpaid              
          interest for 1988 through 1991 because respondent improperly                
          failed to offset overpayments from prior years against the agreed           
          underpayments for 1988 through 1991.                                        
               On September 25, 1995, petitioner paid the agreed                      
          underpayments relating to 1988 through 1991, together with                  
          interest at the underpayment rate.  Petitioner claims that                  
          respondent's failure to offset caused it to overpay interest in             
          the amount of $626,794.                                                     

                                     Discussion                                       

               Section 6402(a) authorizes the Secretary to credit an                  
          overpayment against any tax liability owed by the same taxpayer.            
          Section 6402(a) provides:                                                   

                    (a) General Rule.--In the case of any overpayment,                
               the Secretary, within the applicable period of                         
               limitations, may credit the amount of such overpayment,                
               including any interest allowed thereon, against any                    
               liability in respect of an internal revenue tax on the                 
               part of the person who made the overpayment and shall,                 
               subject to subsections (c) and (d), refund any balance                 
               to such person.                                                        






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