- 74 - 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.Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
Last modified: May 25, 2011