- 28 - Nonrebate refunds, on the other hand, are issued to taxpayers because of clerical or computer errors, and they bear no relation to a recalculation of tax liability. See O’Bryant v. United States, supra; Clayton v. Commissioner, T.C. Memo. 1997- 327. A hallmark of nonrebate refunds is that, unlike rebate refunds, nonrebate refunds are always erroneous. Examples of nonrebate refunds are refunds issued because the Commissioner credited a taxpayer’s payment twice or the Commissioner applied a payment to the wrong tax year. The Commissioner is limited to erroneous refund actions under section 7405 to recover nonrebate refunds. The deficiency procedures are not available to the Commissioner to recover nonrebate refunds because of the definition of “deficiency” in section 6211(a): A “deficiency” is the amount by which the tax actually imposed exceeds-- (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, if a return was made by the taxpayer and an amount was shown as the tax by the taxpayer thereon, plus (B) the amounts previously assessed (or collected without assessment) as a deficiency, over-- (2) the amount of rebates, as defined in subsection (b)(2), made. [Emphasis added.] In Lesinski v. Commissioner, T.C. Memo. 1997-234, we held we do not have jurisdiction over nonrebate refunds.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011