Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 79

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          respondent issued to petitioner for its taxable years 1994, 1995,           
          and 1996 (collectively, petitioner’s tentative refunds), are                
          rebates within the meaning of section 6211(b)(2).52  Baldwin v.             
          Commissioner, 97 T.C. 704, 707-708 (1991).  Pursuant to section             


               52Sec. 6211 provides in pertinent part:                                
               SEC. 6211.  DEFINITION OF A DEFICIENCY.                                
                    (a) In General.--For purposes of this title in the                
               case of income, estate, and gift taxes imposed by                      
               subtitles A and B * * * the term “deficiency” means the                
               amount by which the tax imposed by subtitle A or B                     
               * * * exceeds the excess of--                                          
                    (1) the sum of                                                    
                              (A) the amount shown as the tax by the                  
                         taxpayer upon his return, if a return was                    
                         made by the taxpayer and an amount was shown                 
                         as the tax by the taxpayer thereon, plus                     
                              (B) the amounts previously assessed (or                 
                         collected without assessment) as a                           
                         deficiency, over--                                           
                         (2) the amount of rebates, as defined in                     
                    subsection (b)(2), made.                                          
                  *       *       *       *       *       *       *                   
                    (b) Rules for Application of Subsection (a).--For                 
               purposes of this section--                                             
                  *       *       *       *       *       *       *                   
                         (2) The term “rebate” means so much of an                    
                    abatement, credit, refund, or other payment, as                   
                    was made on the ground that the tax imposed by                    
                    subtitle A or B * * * was less than the excess of                 
                    the amount specified in subsection (a)(1) over the                
                    rebates previously made.                                          





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