Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 53

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          whether the taxpayer is entitled to retain the tentative refund             
          necessarily happens after the refund payment has been made.  See            
          sec. 6501(k) (extending the period of limitations for the                   
          carryback year where amounts have been refunded under section               
          6411).                                                                      
               When it turns out (or respondent determines after a more               
          leisurely examination) that a taxpayer is not entitled to retain            
          a tentative refund, respondent has three remedies to recover the            
          tentative refund.  “Any one or more of the three available                  
          methods may be used to recover any amount which was improperly              
          applied, credited, or refunded in respect of an application for a           
          tentative carryback adjustment.”  Sec. 301.6213-1(b)(2)(ii),                
          Proced. & Admin. Regs.; see Baldwin v. Commissioner, 97 T.C. 704,           
          710 (1991);  Pesch v. Commissioner, supra at 117; Midland                   
          Mortgage Co. v. Commissioner, 73 T.C. 902, 905-906 (1980); Fine             
          v. Commissioner, 70 T.C. 684, 687-688 (1978).  These three                  
          methods are:  (1) Assessment of the deficiency attributable to a            
          tentative carryback adjustment as if due to a mathematical error            
          under section 6213(b)(1); (2) civil action under section 7405; or           
          (3) notice of deficiency under section 6212.  See Baldwin v.                
          Commissioner, supra at 710.  The selection of the particular                
          remedy is within respondent’s discretion.  Pesch v. Commissioner,           
          supra at 118.                                                               








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