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“Interest may be part of an overpayment if the interest
accrued and was paid prior to the time the overpayment was
claimed or arose. This is the type of interest we are
considering in this case.” Estate of Baumgardner v.
Commissioner, supra at 452 (emphasis added). “Our holding that
the term ‘overpayment’ includes assessed and paid interest at the
time of overpayment”. Id. at 460 (emphasis added). “Petitioners
contend that they paid the increased interest under section
6621(c), and that the Court has jurisdiction to determine a
taxpayer’s claim that there has been an overpayment of tax with
respect to a year that is otherwise properly within the Court’s
jurisdiction.” Barton v. Commissioner, supra at 550 (emphasis
added). Neither of these cases, or the subsequent opinions
following them, forced this Court to restrict the Commissioner’s
authority to offset, which is explicitly provided in section
6402(a).
IV. Assessed v. Unassessed Interest
Under the concurring analysis, it is suggested that the
adopted opinion should be limited to assessed interest. My view
is that there is no support in the statutory language for such a
distinction. In the present case, although interest was
assessed, it was interest on the liability before our first
opinion was reversed and remanded ($410,000), not the correct
amount based upon our revised opinion ($209,943.54, less the
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