- 21 - 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,Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011