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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.
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