Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 21

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          the Commissioner may assess amounts refunded under section 6411             
          that are in excess of the overassessment attributable to the                
          carryback.  The assessment is made as a deficiency as if it were            
          due to a mathematical or clerical error appearing on the return             
          and is not subject to the restrictions of section 6213(b)(2).               
               The tentative refund paid to petitioner for 1985 was the               
          subject of the bankruptcy proceedings, discussed infra, and is              
          not before the Court.                                                       
               The Bankruptcy Proceedings                                             
               In the bankruptcy proceedings, respondent filed an unsecured           
          priority claim for taxes, interest, and penalties assessed                  
          against petitioner from 1974 through 1980, 1982, 1983, and 1985             
          through 1991.  With respect to 1981 and 1984, respondent sought             
          to have the bankruptcy court enforce the stipulation of settled             
          issues or, in the alternative, lift the stay with respect to                
          those years so respondent could enforce the stipulation in the              
          Tax Court.  Petitioner objected to respondent’s claim with                  
          respect to 1981, 1984, and 1985.                                            
               Petitioner was represented in the bankruptcy proceedings by,           
          among others, David J. Duez, who is not a partner of Messrs.                
          Newman and Updegraft.  Petitioner argued in the bankruptcy                  
          proceeding that the 1981, 1984, and 1985 tentative refunds were             
          nonrebate refunds that do not fall within the definition of a               
          “deficiency” under section 6211.  Accordingly, petitioner argued,           






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