- 79 - 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.Page: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
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