Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 51

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          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 carryback           






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