Interlake Corporation - Page 11




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          respectively.  If, however, the tentative refunds do not                     
          constitute "rebates" to petitioner and the group, then (1)                   
          petitioner and the group are liable for a deficiency in the                  
          amount of $1,560,417 for 1981, and (2) there is no deficiency in             
          the income tax of petitioner and the group for 1984.  Instead,               
          for 1984, petitioner and the group are entitled to recover an                
          overpayment of the income tax of the group in the amount of                  
          $1,018,849.                                                                  
                                      Discussion                                       
               The issue we must decide is whether the tentative refunds               
          paid to Acme with respect to 1981 and 1984 constitute rebates to             
          petitioner and the group for purposes of computing the group's               
          deficiencies for 1981 and 1984, if any, pursuant to section 6211.            
          Section 6211(a) defines the term "deficiency" as the amount by               
          which the tax actually imposed exceeds--                                     
               (1) the sum of                                                          
                    (A)  the amount shown as the tax by the taxpayer upon              
               his return, if a return was made by the taxpayer and an                 
               amount was shown as the tax by the taxpayer thereon, plus               
                    (B)  the amounts previously assessed (or collected                 
               without assessment) as a deficiency, over--                             
               (2)  the amount of rebates, as defined in section                       
               6211(b)(2), made.[6]  [Emphasis added.]                                 

          6    Reduced to mathematical terms, the statutory definition of              
          the term "deficiency" may be stated as follows:                              
               Deficiency = correct tax - (tax on return + prior assessments - rebates)
               = correct tax -  tax on return - prior assessments + rebates            
                                                              (continued...)           


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