- 8 - 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 affectedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011