Estate of Rose B. Posner, Deceased, David B. Posner, Personal Representative - Page 26

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          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.                                                                 






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