- 29 - Petitioner contends the tentative refunds it received as the result of the tentative carryback adjustments for 1981 and 1984 are nonrebate refunds that respondent cannot recover through the deficiency proceedings. Petitioner argues the nonrebate character of the tentative refunds because, on the basis of Interlake Corp. v. Commissioner, 112 T.C. 103 (1999), and the consolidated return regulation in effect when the tentative refunds were paid in 1987, section 1.1502-78(b)(2), Income Tax Regs., the former common parent of an affiliated group is not authorized to receive the tentative refunds on the group’s behalf. What petitioner is trying to do in the case at hand is litigate the merits of an issue the parties have already settled. Despite petitioner’s entry into the stipulation, petitioner apparently views our opinion in Interlake as providing an argument too good to pass up. In any event, petitioner’s argument is wrapped in a jurisdictional challenge, so we must consider jurisdiction. After we explain why we have jurisdiction to enter a decision based on the stipulation, we shall explain why the tentative refunds were rebates insofar as petitioner is concerned.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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