- 52 - adjustment does not constitute a claim for a refund; if the tentative refund is disallowed, no action to obtain it may be commenced in any court. Secs. 1.6411-1(b)(2), 1.6411-3(c), Income Tax Regs. Following denial of a tentative carryback adjustment, the taxpayer’s only recourse is to file a formal claim for refund, sec. 1.6411-3(c), Income Tax Regs., with the delay attending its likely denial by the Commissioner, which can be vindicated only through a refund suit in the United States Court of Federal Claims or a Federal District Court. Upon receiving an application for a tentative refund, the Commissioner is required within a 90-day period to undertake a “limited examination” of the application to discover omissions and errors of computation, determine the amount of the decrease in the tax occasioned by the carryback, and make the appropriate credit or refund. See sec. 6411(b); sec. 1.6411-3, Income Tax Regs. The tentative refund provisions were designed to give financially ailing taxpayers a quick infusion of cash without subjecting the claim to the delay attending a formal examination, see Pesch v. Commissioner, 78 T.C. 100, 115 (1982), as well as to provide relief from the strict application of the annual accounting period. Because of the limited time within which respondent must act, if he is to act at all, on an application for tentative carryback adjustment, the formal examination ofPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011