Sunoco, Inc. and Subsidiaries - Page 11

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             any such taxable period for which a petition was filed in                
             this Court, if we find there is no deficiency, then we are               
             authorized to determine the amount of an overpayment.  See               
             sec. 6512.  Our jurisdiction to determine an overpayment is              
             set forth in section 6512(b)(1) and (3), which provides in               
             pertinent part:                                                          

                  SEC. 6512(b).  Overpayment Determined by Tax Court.--               
                            (1) Jurisdiction to determine.--Except                    
                       as provided by paragraph (3) * * * if the                      
                       Tax Court finds that there is no deficiency                    
                       and further finds that the taxpayer has made                   
                       an overpayment of income tax for the same                      
                       taxable year, * * * in respect of which the                    
                       Secretary determined the deficiency, or                        
                       finds that there is a deficiency but that                      
                       the taxpayer has made an overpayment of such                   
                       tax, the Tax Court shall have jurisdiction                     
                       to determine the amount of such overpayment                    
                       * * *.                                                         
                                *   *   *   *   *   *   *                            
                            (3) Limit on amount of credit or                          
                       refund.--No such credit or refund shall be                     
                       allowed or made of any portion of the tax                      
                       unless the Tax Court determines as part of                     
                       its decision that such portion was paid * *                    

                  During the pendency of a case in this Court, our                    
             jurisdiction is exclusive, and, with a few exceptions,                   
             another proceeding may not be commenced or, if already                   
             commenced, is stayed.  See secs. 6213(a), 6512(a), 7422(e);              
             Hallmark Cards, Inc. v. Commissioner, 111 T.C. 266, 271                  

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Last modified: May 25, 2011