Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 63

                                       - 63 -                                         
          losses.  Sec. 6511(d)(2)(B)(iii).  Similar treatment is afforded            
          for credit carrybacks.  Sec. 6511(d)(4)(B).  There is no                    
          corresponding provision regarding interest netting, although it             
          is obvious that subsequent year payments and the result of other            
          tax years can fundamentally change interest liabilities.  This              
          omission implies Congress did not intend that this Court fix                
          interest liabilities in its decisions.                                      
               If Congress had intended that our overpayment decisions                
          under section 6512(b) were to include final interest                        
          determinations, there would have been no need to include section            
          7481(c)(2)(B), and the language of section 7481(c)(3) would be              
          inaccurate.  Section 7481(c)(2)(B) specifically gives this Court            
          jurisdiction to determine interest overpayments and underpayments           
          after the Court has determined that there is an overpayment                 
          pursuant to section 6512(b).  In addition, section 7481(c)(3)               
          provides as follows:                                                        
               If the Tax Court determines under this subsection that                 
               the taxpayer has made an overpayment of interest or                    
               that the Secretary has made an underpayment of                         
               interest, then that determination shall be treated                     
               under section 6512(b)(1) as a determination of an                      
               overpayment of tax.  An order of the Tax Court                         
               redetermining interest, when entered upon the records                  
               of the court, shall be reviewable in the same manner as                
               a decision of the Tax Court.                                           











Page:  Previous  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  Next

Last modified: May 25, 2011