- 133 - relief not only to taxpayers to whom respondent owes interest, but also to taxpayers who owe interest to respondent.67 We are given further pause by the holding of the Supreme Court in Commissioner v. McCoy, 484 U.S. 3 (1987). In McCoy, the Court of Appeals for the Sixth Circuit issued an unpublished order following its affirmance--809 F.3d 333 (6th Cir. 1987), affg. T.C. Memo. 1985-509--of the Tax Court’s denial of special use estate tax valuation. In its order, the Court of Appeals had granted the taxpayer’s request for relief from interest and penalties, which “now exceed the assessed tax” and ordered the Tax Court to forgive the interest and penalties “in order to achieve a fair and just result.” Id. at 5-6. In a per curiam opinion, Justice Marshall dissenting, the Supreme Court held that the Court of Appeals had exceeded its jurisdiction in ordering the Tax Court to forgive interest on the determined deficiency in estate tax and to forgive the statutorily imposed late payment penalty. In so doing, the Supreme Court observed: 67The Court is concerned about the parties’ stipulation filed on June 22, 2005, wherein they apparently seek to remove from this Court’s consideration the issue of whether any remittance by an affected taxpayer is an (interest bearing) advance payment or a (non-interest bearing) cash bond. This Court is not bound by such stipulation. We believe the mandates of the Court of Appeals require that interest be paid to all affected taxpayers who made remittances with respect to Kersting deficiencies, as was the case with the Thompsons. Inasmuch as we have jurisdiction over interest on overpayments, we shall direct respondent to compute and pay such interest to all affected taxpayers who made remittances with respect to the deficiencies that had been determined against them.Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
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