- 15 -
to a taxpayer’s liabilities before the taxpayer filed a
petition in this Court. Respondent argues:
To the extent petitioner claims that it was not
credited with sufficient overpayment interest on
the transferred credits because the liability to
which the credit was transferred was not
correctly computed, section 6512(b)(4) precludes
the courts from considering petitioner’s claim.
Finally, respondent argues that the overpayments
petitioner seeks on the basis of overpayment interest do
not fall within the Court’s “supplemental jurisdiction”
under section 6512(b)(2) or the Court’s “auxiliary
jurisdiction” in section 7481(c). Respondent argues that
section 6512(b)(2) will not apply to petitioner’s claims
for overpayment interest because the underlying overpayment
was not determined by the Court. Similarly, respondent
argues that section 7481(c) will not apply because the
overpayment interest petitioner seeks will not have been
“involved” in an overpayment determined by the Court.
Our first difficulty with respondent’s argument is the
fact that it is mathematically impossible to compute the
amount of underpayment interest, as to which respondent
concedes that we have jurisdiction, separately and apart
from the amount of overpayment interest, as to which
respondent argues that we lack jurisdiction. As described
above, underpayment interest is the interest computed under
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011