- 22 - There was no compulsion to so restrictively read this language. This Court could have read the phrase “overpayment of tax” as part of the threshold necessary to be able to further enable the Tax Court “to determine the amount of such overpayment.” There was no compelling reason to interpret the word “tax” to exclude additions to the tax or interest. There was, instead, reason to consider interest as part of an overpayment. * * * But these opinions have failed to recognize that Congress has legislatively provided for the exceptional situation where, after a deficiency has been determined and the taxpayer has petitioned the Tax Court, an overpayment results. Although there is no legislative history to assist us, it is hard to imagine that Congress could have intended to bifurcate an “overpayment” by limiting the taxpayer’s refund to “tax” only. It is equally hard to imagine that an “overpay- ment” has a different meaning depending upon the forum. Either of those approaches would force some taxpayers to resolve a single tax controversy in two different forums. Strangely, those forced to unreasonably duplicate their costs and efforts would be the lucky ones because, as in this case, others would be barred from recovery of the interest portion of the overpayment due to their failure and/or inability to make a timely claim. Id. at 456-457. In passing, we note that Estate of Baumgardner was a reviewed Opinion of the Court that has been consistently followed for more than 18 years since it was issued. See Winn-Dixie Stores, Inc. v. Commissioner, 110 T.C. 291 (1998) (underpayment interest under section 6601 is part of an overpayment); Bachner v. Commissioner, 109 T.C. 125, 128 (1997) (the term “overpayment” is not defined in termsPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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