- 13 - interest. Petitioner contends that the amounts of overpayment interest respondent computed are too low. Respondent concedes that this Court has jurisdiction under section 6512(b) to determine an overpayment based upon petitioner’s claim that it overpaid underpayment interest. Respondent acknowledges that excess underpayment interest which has been assessed and paid by petitioner “becomes part of the overpayment, i.e., a payment in excess of that which is properly due.” This concession is based upon Estate of Baumgardner v. Commissioner, 85 T.C. 445 (1985). Respondent asserts that “the Court, however, does not have jurisdiction to adjudicate petitioner’s claimed overpayments to the extent they encompass claims for the payment of overpayment interest on amounts previously credited or refunded by respondent.” Respondent draws a sharp distinction between underpayment interest and overpayment interest on the ground that the former has actually been paid by the taxpayer and can be part of an overpayment, whereas the latter has not been paid. According to respondent, a claim for overpayment interest imposed by section 6611 is merely a claim for an additional amount of interest for which the Government is allegedly liable. It is not a claim for an amount that has been overpaid and is legally due.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011