- 14 -
See Winn-Dixie Stores, Inc. & Subs. v. Commissioner, supra at 295
(“An ‘overpayment’ of tax can include interest. Section
6601(e)(1) provides that interest shall be treated as tax and
that any reference in title 26 to the term ‘tax’ shall be deemed
also to refer to ‘interest’. The lone exception to this rule is
that interest is not considered a tax for purposes of determining
a ‘deficiency’”.).10 As we recognized in Lincir v. Commissioner,
10The Chief Counsel’s National Office has acknowledged in
field service advice that:
As explained in Winn-Dixie Stores, Inc. v.
Commissioner, 110 T.C. 291 (1998), the Tax Court has
jurisdiction to determine overpayments of income tax.
I.R.C. � 6512(b). Because I.R.C. � 6601(e)(1) provides
that interest shall be treated as a tax, an overpayment
of tax includes any interest that is part of such
overpayment. The statutory exception in I.R.C. �
6601(a) [sic] that excludes interest as a tax for
purposes of determining a deficiency under I.R.C. �
6211(a) does not apply to overpayments. As long as the
Service has determined a deficiency in tax for the
years at issue, the Tax Court has jurisdiction to
determine an overpayment of tax, including interest,
for those years. Estate of Baumgardner, 85 T.C. 445
(1986). [Field Serv. Adv. 1999-24017 (June 18, 1999).]
In Field Service Advice 2000-01003 (Jan. 7, 2000), the Chief
Counsel’s National Office explained:
Code section 6512(b) defines the Tax Court’s
jurisdiction to determine overpayments. In general,
the court has jurisdiction to determine the amount of
an overpayment in income tax for a taxable year where
it finds “that there is no deficiency and further finds
that the taxpayer has made an overpayment of income tax
for the same taxable year,” or where the court finds
“there is a deficiency but that the taxpayer has made
an overpayment of such tax.” Id., �6512(b)(1).
Further, in determining whether X Corp has overpaid its
(continued...)
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: May 25, 2011