- 20 - in which respondent argues that a suit in a U.S. District Court or the Court of Federal Claims can proceed during the Tax Court case, in Estate of Baumgardner the Commissioner acknowledged that such an action could be barred by expiration of the period of limitations on filing a claim for refund. See Estate of Baumgardner v. Commissioner, supra at 448, 452-453. We held that the term “overpayment”, as used in section 6512(b), includes interest and, accordingly, we held that “we have jurisdiction to consider interest as part of an ‘overpayment’”. Id. at 458-459. In coming to that conclusion, we noted that section 301.6611-1(c), Proced. & Admin. Regs., expressly states that “the amount of any interest paid with respect to the deficiency * * * is also an overpayment.” Id. at 452. The principal justification for our holding in Estate of Baumgardner, however, was based on the symmetry of our overpayment jurisdiction under section 6512(b) and the jurisdiction of the U.S. District Courts and the Court of Federal Claims. We pointed out that jurisdiction over overpayments generally rests with the U.S. District Courts and the Court of Federal Claims, but in the limited circumstances that the Tax Court is given overpayment jurisdiction, i.e., in situations where a notice ofPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011