- 21 - deficiency has been issued and the taxpayer has petitioned for review, section 6512(a) provides that the Tax Court should be able to determine an overpayment to the exclusion of the other tax forums. Id. at 451-452. We noted that this intent would be frustrated by reading section 6512(b) to provide that the overpayments which are the subject of the Tax Court’s jurisdiction are substantially different from the overpayments which are subject to the jurisdiction of the other tax forums. Id. at 451. Stated differently, we noted that the “overpayment” determined by the Tax Court should be synonymous with that determined by a U.S. District Court or the Court of Federal Claims. We further noted that: With respect to interest which is part of an overpayment, * * * we must be able to determine all components of that overpayment or a taxpayer unwittingly may not be able to recover interest in those situations where the Commissioner initially determined a deficiency and the taxpayer petitioned to the Tax Court. * * * Id. at 453. In Estate of Baumgardner v. Commissioner, 85 T.C. 445 (1985), we overruled two Opinions of the Court which had held that the words “an overpayment of tax”, in the predecessor of section 6512(b), excluded interest. Id. at 456. In discussing those Opinions, we said the following:Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011