Sunoco, Inc. and Subsidiaries - Page 24

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             sioner, T.C. Memo. 2000-300; Estate of Wilson v.                         
             Commissioner, T.C. Memo. 1999-221.                                       
                  We believe that respondent’s view of what constitutes               
             an overpayment for purposes of section 6512(b) is too                    
             narrow and does not square with our opinion in Estate                    
             of Baumgardner v. Commissioner, supra.  Contrary to                      
             respondent’s position, we believe that, under certain                    
             circumstances, additional overpayment interest that is                   
             allowable under section 6611(a) with respect to an interim               
             overpayment is similar to the underpayment interest                      
             involved in Estate of Baumgardner and can constitute an                  
             overpayment for purposes of section 6512(b).                             
                  Most of the overpayments underlying petitioner’s                    
             claims for additional overpayment interest are interim                   
             overpayments that respondent credited against a tax                      
             liability of petitioner for a different year and/or a                    
             different tax, pursuant to section 6402(a).  Subsection (a)              
             provides as follows:                                                     

                  SEC. 6402.  AUTHORITY TO MAKE CREDITS OR REFUNDS.                   
                       (a) General Rule.--In the case of any                          
                  overpayment, the Secretary, within the applicable                   
                  period of limitations, may credit the amount of                     
                  such overpayment, including any interest allowed                    
                  thereon, against any liability in respect of an                     
                  internal revenue tax on the part of the person                      
                  who made the overpayment and shall, subject to                      
                  subsections (c), (d), and (e), refund any balance                   
                  to such person.  [Emphasis added.]                                  

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