Winn-Dixie Stores, Inc. and Subsidiaries - Page 6

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          Petitioner had overpaid tax for its 1984 and 1987 tax years.                
          Petitioner had underpaid tax for 1988 through 1991.  Respondent             
          did not offset the overpayments for 1984 and 1987 against the               
          underpayments for 1988 through 1991.  Respondent argues that such           
          offsets are discretionary under section 6402(a) and that section            
          6512(b)(4) operates to deny the Tax Court jurisdiction to make a            
          determination based on the propriety of the Secretary's exercise            
          of discretion under section 6402.                                           
               Section 6512(b) generally defines this Court's jurisdiction            
          to determine overpayments.  Section 6512(b)(4), was added to the            
          Code by section 1451(b) of the Taxpayer Relief Act of 1997, Pub.            
          L. 105-34, 111 Stat. 788, 1054.  Section 6512(b)(4) provides:               
          "The Tax Court shall have no jurisdiction under this subsection             
          to restrain or review any credit or reduction made by the                   
          Secretary under section 6402."                                              
               Section 6512(b)(4) restricts our jurisdiction in two                   
          situations.  First, we may not restrain or prevent respondent               
          from reducing a refund by way of credit or reduction pursuant to            
          section 6402.  Second, we may not review the validity or merits             
          of any reduction of a refund under section 6402 after such a                
          reduction has been made by respondent.3  Neither of these                   

               3The legislative history of sec. 6512(b)(4) comports with              
          this reading.  In reference to the new amendment to sec. 6512(b),           
          committee reports provide that "The bill also clarifies that the            
                                                             (continued...)           





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