Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 52

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          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 of               






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