- 54 - More fundamentally, the majority opinion is a natural application of the widely accepted definition of an overpayment as “any payment in excess of that which is properly due.” Jones v. Liberty Glass Co., 332 U.S. 524, 531 (1947). There would seem to be no question that assessed underpayment interest is “properly due”. There is no question in this case about the other half of the equation; i.e., the amount of the taxpayer’s payment. Thus, a straightforward application of the Supreme Court’s definition of overpayment clearly supports the result in the majority opinion. I agree with the majority opinion that sections 6402(a) and 6512(b)(4) do not demand a different result. Section 6402(a) authorizes the Secretary to credit an overpayment against “any liability”. I agree with the majority opinion that once we decide that there is an overpayment of tax, properly taking into account assessed underpayment interest, there is no longer any separate liability for the assessed underpayment interest against which the overpayment might be credited; rather, any liability for the assessed underpayment interest must be subsumed in the overpayment, if our final decision is to be respected and given effect. 5(...continued) (exclusive of interest), and owes assessed underpayment interest of $30,000. I believe this taxpayer has a $10,000 underpayment, rather than a $20,000 overpayment (as would be indicated if the assessed interest were omitted from the calculation).Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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