Edward Turney Savage - Page 8




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          including interest calculated at the underpayment rate under                
          section 6621(a)(2) and (c), for the present years' underpayments.           
          The taxpayer paid the present years' underpayments, together with           
          interest at the underpayment rate.  The taxpayer then claimed               
          that the Commissioner's failure to offset pursuant to section               
          6402(a) caused the taxpayer to overpay interest for years before            
          the Court (the present years' overpayments).                                
               The issue in Winn-Dixie Stores, Inc. was whether the                   
          Commissioner abused his authority by failing to offset the prior            
          years' overpayments against the present years' underpayments.               
          The Commissioner argued that pursuant to section 6512(b)(4) this            
          Court did not have jurisdiction to decide that matter.                      
               We agreed that pursuant to section 6512(b)(4) this Court did           
          not have authority to restrain or review any credit or reduction            
          made by the Commissioner under section 6402.  However, we held              
          that under the facts of Winn-Dixie Stores, Inc. v. Commissioner,            
          110 T.C. at 294, we were not "being asked to restrain or review a           
          reduction of a refund under section 6402."  The overpayments for            
          prior years had been refunded in full to the taxpayer, rather               
          than being reduced through application as a credit against                  
          another year's tax.  We held that the Commissioner's                        
          determination regarding whether to offset the prior years'                  
          overpayments against the present years' underpayments affected              







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