- 26 - This Court generally does not have jurisdiction to enter a decision for interest upon an overpayment. Estate of Baumgardner v. Commissioner, 85 T.C. 445, 452-453 (1985); Harrison v. Commissioner, T.C. Memo. 1994-614; see sec. 6512(b)(1). As an exception to this general rule, however, section 6512(b)(2) provides that if the Secretary fails “to refund the overpayment determined by the Tax Court, together with the interest thereon as provided in subchapter B of chapter 67, then the Tax Court upon motion by the taxpayer, shall have jurisdiction to order the refund of such overpayment and interest.” The estate makes no allegation that it paid the interest it claims or that this interest is part of its overpayment of estate tax. Cf. Estate of Baumgardner v. Commissioner, supra. On the contrary, the claimed interest appears to be interest that has accrued upon its overpayment. Likewise, this case does not involve interest on an overpayment that the Commissioner has credited or refunded. Cf. Sunoco, Inc. & Subs. v. Commissioner, 122 T.C. 88 (2004) (holding that under certain circumstances this Court has overpayment jurisdiction under section 6512(b) with regard to overpayment interest in the case of overpayments credited or refunded by the Commissioner). We hold that we do not have jurisdiction at this juncture to enter a decision for interest upon the estate’s overpayment of estate tax.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011