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Thus, an overpayment by definition is the amount by
which payments exceed the tax and interest for the
period of underpayment.
Held, further, the amount of the refund should not
have been reduced for underpayment interest because
that interest was part of the tax amount that was
required to be considered in determining the amount of
the overpayment. Our final decision that there was a
$238,847.24 overpayment precludes any remaining unpaid
underpayment interest to which R could apply the
overpayment. Held, further, sec. 6512(b)(4), I.R.C.,
which provides that this Court does not have
jurisdiction to restrain or review the Commissioner’s
application of an overpayment pursuant to sec. 6402,
I.R.C., to outstanding tax liabilities of the taxpayer
who overpaid, does not apply where our final decision
in the same case precludes the existence of the
liabilities to which the Commissioner applied the
overpayment. E is entitled to a refund of the
$238,847.24 overpayment amount, plus interest thereon,
less any refunds already made with respect to the
overpayment.
Harold A. Chamberlain and Michael C. Riddle, for petitioner.
R. Scott Shieldes, for respondent.
OPINION
RUWE, Judge: This matter is before the Court pursuant to
the estate’s Motion for Proceeding To Enforce Overpayment
Determination pursuant to Rule 260.1 Our jurisdiction to grant
such relief is conferred by section 6512(b)(2).
1Unless otherwise indicated, all Rule references are to the
Tax Court Rules of Practice and Procedure, and all section
references are to the Internal Revenue Code.
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Last modified: May 25, 2011