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the interest due on the present years' underpayments.3 We held
that we had jurisdiction to review the taxpayer's claim of an
overpayment of interest on underpayments for years before the
Court and that our jurisdiction to decide the matter was not
restricted under section 6512(b)(4).
In the case before us, petitioner does not contest
respondent's determination, including the proposed interest
calculation on the deficiency, for the year in issue. Unlike
Winn-Dixie Stores, Inc. v. Commissioner, supra, to the extent
petitioner reported an overpayment, respondent exercised his
discretion under section 6402 to offset such overpayment against
petitioner's assessed liabilities for 1990 and 1991. In this
regard, petitioner contends only that respondent improperly
determined petitioner's liabilities for interest and penalties
for 1990 and 1991 and that, as a consequence, some portion of the
$10,131 overpayment that he claimed on his 1993 return is
available as an offset against the agreed deficiency for 1993.
However, were we to address petitioner's contention on the merits
3 Interest on the present years' underpayments was affected
because there is no net interest due for the period of mutual
indebtedness if the Commissioner exercises his authority to
offset under sec. 6402(a). See sec. 6601(f). However, there is
net interest due if there is no offset. Net interest results in
this instance because the rate for calculating interest on
overpayments is less than the rate for calculating interest on
underpayments. See sec. 6621(a).
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