Garwood Irrigation Company - Page 2

                                        - 2 -                                         
               Donald F. Wood and Benjamin M. Leff, for petitioner.                   
               Richard T. Cummings and Michael W. Bentley, for respondent.            


                                       OPINION                                        

               GOEKE, Judge: Petitioner has filed a motion under Rule 2611            
          seeking a redetermination of overpayment interest.  The issue is            
          the appropriate rate of interest on petitioner’s overpayment.               
               The underlying facts of this case are set out in detail in             
          Garwood Irrigation Co. v. Commissioner, T.C. Memo. 2004-195, and            
          are incorporated herein by this reference.  Petitioner is                   
          entitled to recover with interest an overpayment of tax on its              
          built-in gain for the taxable year ending December 31, 1999,                
          pursuant to our Memorandum Opinion.  Petitioner elected status as           
          an S corporation effective January 1, 1997, and remains such.               
               In determining the interest due petitioner relative to that            
          overpayment, respondent applied the reduced interest rate                   
          provided in the flush language of section 6621(a)(1).  Petitioner           
          disputes this computation in a timely filed motion under Rule               
          261.  Petitioner seeks the higher interest paid to noncorporate             
          taxpayers under section 6621(a)(1)(A) and (B) rather than the               
          lower rates for corporations provided in the parenthetical                  
          language of subparagraph (B) and the flush language of section              


               1Rule references are to the Tax Court Rules of Practice and            
          Procedure.  Section references are to the Internal Revenue Code.            




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011