Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 74

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          its terms.  I recognize that this means that parties could define           
          “overpayment” as an overpayment of tax in the context of settling           
          cases, while construing “overpayment” in section 6512 to mean we            
          have jurisdiction over both overpayments of tax and interest.               
          But that sort of context-specific interpretation is recognized              
          throughout the Code.  Section 6601(e) itself begins with “Except            
          as otherwise provided in this title” and this phrase is a                   
          recognition by Congress that a complex tax code patched together            
          at many different times for many different purposes should not be           
          interpreted using something akin to a universal-search-and-                 
          replace function.2  Glossing is almost always necessary to decide           
          the likeliest meaning of the Code, and the majority creates a               
          gloss of its own by construing sections 6512(b) and 6402(a) to              
          not apply to the very tax liabilities at issue in an overpayment            
          case.                                                                       
               The third and final issue I wish to highlight is the                   
          majority’s seeming indifference to the effects of today’s                   
          decision on a large number of third parties.  As Judge Goeke                
          points out, today’s definition of “overpayment” threatens to                
          bollix up the procedure for interest calculations by forcing                

               2 The majority likewise relies on regulation Sec. 301.6611-            
          1(b), Proced. & Admin. Regs., as additional support for its                 
          conclusion that “overpayment” must mean “the amount by which                
          payments exceed the tax, including any underpayment interest.”              
          See majority op. pp. 18-19.  But that regulation defines                    
          overpayment for the purpose of computing interest, not drafting             
          settlement documents.                                                       





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