Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 58

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          refund be applied against the unpaid tax liability.  After paying           
          the tentative refund, the Commissioner determined that the                  
          taxpayers did not sustain the NOL and issued a notice of                    
          deficiency for 1985.  The taxpayers filed a petition and then               
          filed a motion to dismiss for lack of jurisdiction because there            
          was no “deficiency”.  The taxpayers argued that a credit                    
          resulting from a tentative carryback adjustment is not a rebate             
          because it did not result from the return showing more tax than             
          was imposed.  Baldwin v. Commissioner, supra at 708.  We rejected           
          petitioner’s argument and held that the credit was made against             
          the taxpayer’s 1985 tax liability because the amount of tax                 
          imposed after the NOL was carried back was less than the amount             
          shown on the return.  We therefore concluded that the credit was            
          a rebate under section 6211(b)(2).                                          
               In Neri v. Commissioner, 54 T.C. 767 (1970), the                       
          Commissioner issued tentative refunds on the basis of taxpayers’            
          applications for tentative carryback adjustments carrying back              
          NOLs sustained in 1963, 1964, and 1965 to 1959, 1961, and 1962,             
          respectively.  The Commissioner subsequently issued a notice of             
          deficiency for 1959, 1961, and 1962 because the taxpayers, as               
          shareholders of an S corporation, were required first to apply              
          the NOLs to their gross income in each of the taxable years in              
          which the NOLs were sustained.  Id. at 769.  We rejected the                
          taxpayers’ contention that the summary assessment procedures were           






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