- 16 - order the refund of any overpayment.17 In this same legislation, the Senate proposed to expand the Tax Court’s refund jurisdiction by granting the Tax Court jurisdiction over tax refund actions where the taxpayer already had a related deficiency proceeding pending in Tax Court. H. Conf. Rept. 100-1104 (Vol. II), at 234 (1988), 1988-3 C.B. 473, 724. This proposal was rejected in conference. See id. In describing “Present Law” as related to this proposal, the conference report stated: “The Tax Court has no jurisdiction to determine whether a taxpayer has made an overpayment except in the context of a deficiency proceeding.”18 17 In describing the law as it existed before the enactment of sec. 6512(b)(2), the conference report states: The Tax Court has jurisdiction to determine that a taxpayer is due a refund of a tax for which the IRS has asserted a deficiency. However, if the IRS fails to refund or credit an overpayment determined by the Tax Court, the taxpayer must seek relief in another court. [H. Conf. Rept. 100-1104, at 231 (1988), 1988-3 C.B. 473, 721.] Describing the “Reasons for change”, the report of the Senate Finance Committee states: The committee believes that if the Tax Court determines that a taxpayer is due a refund and the IRS fails to issue that refund, the taxpayer should not have to incur the additional time, trouble, and expense of enforcing the Tax Court’s decision in another forum. Rather, the taxpayer should be able to enforce the decision in the court that entered the decision. [S. Rept. 100-309, at 17 (1988).] 18 As discussed infra, this situation changed in 1996, with the enactment of sec. 6404(h) (as currently designated), by the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 302(a), 110 (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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