Llwellyn Greene-Thapedi - Page 16

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          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...)           




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