- 54 - In the case at hand, petitioner contends the deficiency procedures are not available to respondent to recover the tentative refunds on the ground that they are nonrebate refunds because petitioner, as the former common parent, was an “unauthorized recipient”. Contrary to petitioner’s suggestion otherwise, respondent was not sure who the “authorized representative” of the affiliated group was when he paid the tentative refunds and was not required to undertake to decide that question prior to paying the tentative refunds. We therefore disagree that the tentative refunds were paid to petitioner because of any mistake by respondent that would give rise to petitioner’s receipt of a nonrebate refund. When the Commissioner receives an application for tentative carryback adjustment, he is required within a 90-day period to undertake a “limited examination” of the application. Sec. 6411(b). During the limited examination, the Commissioner is expected to uncover ministerial and computational errors and omissions. The limited examination is not designed to provide a thorough review of all of the facts and statutory and regulatory provisions pertaining to the taxpayer’s right to the refund. Polachek v. Commissioner, 22 T.C. 858, 863-865 (1954). The review of the facts and relevant statutory and regulatoryPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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