Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 2

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               application for tentative refund for 1984.  The                        
               Internal Revenue Service paid P and I the respective                   
               tentative refunds for which they had applied.                          
                    Following an examination, R determined that P,                    
               rather than I, was the continuing common parent of the                 
               prespinoff affiliated group, revised P’s income on the                 
               basis of a 52-week taxable year, and determined that P                 
               did not sustain the CNOL claimed on its 1986 return.  R                
               also revised I’s income on the basis of a 27-week short                
               1986 tax year.  As a result of the foregoing                           
               determinations, R determined that P was not entitled to                
               the tentative refunds paid to P for 1981 and 1984 and                  
               issued a notice of deficiency to P to recover the                      
               tentative refunds.                                                     
                    After P filed the petition in the case at hand, R                 
               agreed to treat I as the successor common parent of the                
               prespinoff affiliated group and issued a duplicate                     
               notice of deficiency to I, in exchange for P entering                  
               into a stipulation of settled issues.  The stipulation                 
               of settled issues provides, in pertinent part, that P                  
               will be liable to disgorge the tentative refunds it was                
               paid for 1981 and 1984 if those tentative refunds are                  
               held not to be rebates as to I.  In Interlake Corp. v.                 
               Commissioner, 112 T.C. 103 (1999), the Court held the                  
               tentative refunds paid to P were not rebates as to I.                  
                    P now contends the Court does not have                            
               jurisdiction to enter decision on the stipulation of                   
               settled issues because the tentative refunds P received                
               are nonrebate refunds not taken into account in                        
               determining a taxpayer’s deficiency.  According to P,                  
               the tentative refunds are nonrebate refunds because P,                 
               as the former common parent of the prespinoff group as                 
               conceded by R, was not an “authorized recipient” of the                
               tentative refunds.  P contends that when R paid the                    
               tentative refunds to P, rather than I, R paid the wrong                
               taxpayer, giving rise to nonrebate refunds.                            
                    R contends that the tentative refunds are rebate                  
               refunds over which the Court has jurisdiction and that                 
               the Court may enter decision on the stipulation of                     
               settled issues.  According to R, nonrebate refunds are                 
               issued because of clerical or computer errors and P has                
               not identified any clerical or computer error that                     
               caused R to pay the tentative refunds to P.  According                 






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