- 53 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011