Jerry and Patricia A. Dixon, et al. - Page 47

                                       - 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          Court of Appeals for the Sixth Circuit issued an unpublished                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

Last modified: May 25, 2011