Robert T. Brewer - Page 7

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          tax return and the date of settlement.  This Court has                      
          jurisdiction over matters involving interest only in limited                
          circumstances.  Med James, Inc. v. Commissioner, 121 T.C. 147,              
          152 (2003).  We may determine whether a taxpayer has made an                
          overpayment of interest or the Secretary has made an underpayment           
          of interest under section 7481(c)(1) and (2)(A) when:  (1) A                
          motion to redetermine interest has been filed within 1 year after           
          the date the decision of the Tax Court becomes final under                  
          section 7481(a); (2) the Secretary has made an assessment under             
          section 6215 that includes interest; and (3) the taxpayer has               
          paid the entire amount of the deficiency plus the entire amount             
          claimed by the Secretary as interest on the deficiency.  Rule               
          261; sec. 7481(c)(1) and (2)(A); Med James, Inc. v. Commissioner,           
          supra at 152.  We shall address these requirements in turn.                 
               First, petitioner has not filed a timely motion for                    
          redetermination under Rule 261; the Tax Court decision in this              
          case is not yet final.  Secs. 7481(a), 7483; Kenner v.                      
          Commissioner, 387 F.2d 689, 690 (7th Cir. 1968).  Second, section           
          6601(g) allows respondent to assess interest at any time during             
          the period within which the tax to which the interest relates may           
          be collected.  Nothing in the record indicates that the interest            
          in this case has been assessed for 1999.  Lastly, petitioner has            
          not demonstrated that he paid any interest.  Therefore, we do not           
          have jurisdiction to redetermine the interest on petitioner’s               
          1999 deficiency under section 7481(c).                                      

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