Med James, Inc. - Page 3

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                                       OPINION                                        

               GOEKE, Judge:  On March 17, 2003, petitioner filed a motion            
          to redetermine interest under section 7481(c) and Rule 261.1                
          Petitioner, a C corporation, claims that it overpaid interest               
          relating to its income tax liability for its tax year ended                 
          January 31, 1994, because respondent erroneously applied the                
          increased interest rate under section 6621(c) (“hot interest”).             
          The substantive issue for decision is whether a net operating               
          loss (NOL) carryback which reduces an underpayment of tax for a             
          preceding year below $100,000 is disregarded for purposes of                
          determining whether a large corporate underpayment exists and               
          whether hot interest applies.  We hold that the NOL is not                  
          disregarded and hot interest does not apply.  Before we address             
          the substantive issue, we explain the Court’s jurisdiction to               
          decide the matter.                                                          
                                     Background2                                      
               On November 5, 1998, respondent sent a letter of proposed              
          deficiency (30-day letter) to petitioner proposing a deficiency             


               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect at the time of the filing of            
          the motion, and all Rule references are to the Tax Court Rules of           
          Practice and Procedure.                                                     
               2For purposes of deciding this motion, we rely in part on              
          the information contained in the petitions, answer, stipulations,           
          and decision document.  The facts subsequent to the date the                
          decision was entered are based on the parties’ undisputed factual           
          allegations.                                                                




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