Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 27

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          decision for respondent on the stipulation of settled issues.               
          According to petitioner, the tentative refunds were “nonrebate”             
          refunds that do not figure in the section 6211(a) definition of             
          “deficiency”, which includes only “rebate” refunds.  Because the            
          refunds did not create a deficiency, petitioner’s argument goes,            
          the Court cannot enter decision on a stipulation of a matter over           
          which the Court lacks jurisdiction.  The issue is complicated, so           
          we provide a brief overview before addressing it in detail.                 
          Discussion                                                                  
               Rebate and Nonrebate Refunds                                           
               The Internal Revenue Code recognizes two types of refunds:             
          Rebate and nonrebate.  O’Bryant v. United States, 49 F.3d 340,              
          342 (7th Cir. 1995).  Rebate refunds are issued on the basis of a           
          substantive recalculation of a taxpayer’s tax liability, e.g.,              
          the amount of tax due is less than the tax shown on the return.             
          Sec. 6211(b)(2); O’Bryant v. United States, supra.  If the                  
          recalculation of tax liability is correct, the taxpayer may, of             
          course, retain the refund.  However, sometimes the recalculation            
          of tax liability is incorrect, and the Commissioner must recover            
          the erroneous refund.  Rebate refunds issued in error may be                
          recovered through the deficiency procedures of sections 6211-6215           
          or an action for recovery of an erroneous refund under section              
          7405.                                                                       








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