- 51 - former common parent of the affiliated group, it was an “unauthorized recipient” of the tentative refunds. We recall that nonrebate refunds are paid to taxpayers because of clerical or computer errors by the Commissioner and are unrelated to the recalculation of tax liability, whereas rebate refunds are paid because of a recalculation of tax. See O’Bryant v. United States, 49 F.3d at 342; Clayton v. Commissioner, T.C. Memo. 1997- 327. To the extent that tentative carryback adjustments are even susceptible to a rebate/nonrebate analysis, they are the essence of rebate refunds; they are paid because the taxpayer’s substantive recalculation of an earlier year’s tax liability when a later year’s tax attribute is carried back. As the following discussion demonstrates, respondent paid the tentative refunds to petitioner on the basis of petitioner’s recalculation of the group’s 1981 and 1984 tax years, and not because of any clerical or computer error. Under section 6411(a), a taxpayer who incurs an NOL may apply for a tentative refund based on a tentative carryback adjustment of the taxes for the taxable years prior to the NOL year that are affected by the carryback of the NOL. The application must contain specific information and be filed within 12 months from the end of the year in which the NOL was sustained. Id. Although obtaining a cash infusion by way of a refund is the objective, an application for a tentative carrybackPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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