- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011