- 65 - We reject petitioner’s argument because it is based on false premises. As previously discussed, respondent paid petitioner the tentative refunds pursuant to petitioner’s application for tentative carryback adjustment at a time when respondent had not finally determined which affiliated group was the continuation of the prespinoff affiliated group. Respondent paid the tentative refunds by depositing the funds in an account maintained by petitioner pursuant to the attached application for electronic funds transfer, and within the time prescribed by section 6411(b). Respondent later determined that petitioner did not sustain the CNOL it claimed on its 1986 return and that petitioner was the continuing common parent of the prespinoff affiliated group. Even if the latter determination had been erroneous, which we doubt, it was an erroneous application of the relevant regulations to the restructuring and spinoff, not a clerical or computer error. The tentative refunds paid to petitioner were rebate refunds to petitioner because they arose from and were attributable to petitioner’s recalculation of the group’s 1981 and 1984 tax liabilities. Respondent’s payment of the tentative refunds was consistent with the requirements of section 6411, and his later determination of a deficiency was consistent with section 6213.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
Last modified: May 25, 2011