- 3 - to R, the tentative refunds were paid, after a limited examination pursuant to sec. 6411(b), I.R.C., to the correct taxpayer (P) because they were paid to P, the taxpayer who applied for the tentative carryback adjustments on the basis of the CNOL that P claimed it had incurred. Held: The tentative refunds in issue are rebate refunds as to P giving rise to deficiencies over which the Court has jurisdiction. Sec. 6411(b), I.R.C. requires R to make only a “limited examination” of an application for tentative carryback adjustment and pay the tentative refund within 90 days. When R paid the tentative refunds to P, R had not finally determined which affiliated group was the continuation of the prespinoff affiliated group, and R was not required to make that determination prior to paying the tentative refunds. The tentative refunds were not paid because of any clerical or computer error requiring nonrebate characterization. The tentative refunds paid to P are recoverable through the deficiency procedures. Accordingly, the Court has jurisdiction to enter decision on the stipulation of settled issues and will do so. David J. Duez, Matthew P. Larvick, and Gregory G. Palmer, for petitioners. Lawrence G. Letkewicz and Dana E. Hundrieser, for respondent. CONTENTS Background . . . . . . . . . . . . . . . . . . . . . . . . . 4 The Restructuring and Spinoff . . . . . . . . . . . . . 5 Tax Indemnification Agreement Between Petitioner and Interlake . . . . . . . . . . . . . . . . . . . . . . 6 Tax Filings by Interlake and Petitioner . . . . . . . . 10 Administrative Proceedings. . . . . . . . . . . . . . . 12 Notice of Deficiency and Stipulation of Settled Issues. . . . . . . . . . . . . . . . . . . . . . . . 14Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011