- 26 - Respondent contends respondent paid the tentative refunds to the correct taxpayer pursuant to the procedures under section 6411. Respondent argues that when the tentative refunds were subsequently disallowed, he could have recovered them through the deficiency procedures, by filing a civil action to recover erroneous refunds under section 7405, or by summarily assessing the deficiencies under section 6213(b)(3). Respondent argues he is not collaterally estopped from arguing that the 1981 and 1984 refunds are not nonrebate refunds. According to respondent, the issue litigated in the bankruptcy court with respect to 1985 is not identical to the issue in the case at hand. The issue in the bankruptcy court was whether a nonrebate refund was subject to the summary assessment procedures of section 6213(b)(3). Respondent also contends collateral estoppel does not apply because the bankruptcy court has not yet issued a final appealable order. Respondent contends that final resolution in the bankruptcy proceeding of petitioner’s tax liabilities for 1981, 1984, and 1985 depends on this Court’s entry of a decision on the stipulation of settled issues. The issue for decision in the case at hand is whether respondent can use the deficiency procedures of sections 6211- 6215 to recover the tentative refunds respondent paid petitioner. Petitioner argues the Court lacks jurisdiction to enter aPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011