- 44 - same taxpayers had made claims for section 6015 relief or interest abatement in a non-section 6330 proceeding, we could enter a decision for an overpayment and could order a refund. Secs. 6015(g), 6404(i)(2)(B), 6512(b)(2). Section 6512(b)(2) The majority states that section 6512(b)(2), which grants the Tax Court authority to order the refund of an overpayment, is limited to overpayments in deficiency proceedings. Majority op. pp. 14-15. Congress added section 6512(b)(2) to the Code giving us authority to order a refund of any overpayment. Estate of Quick v. Commissioner, 110 T.C. 440, 443 (1998); Belloff v. Commissioner, 996 F.2d 607, 613 (2d Cir. 1993), affg. T.C. Memo. 1991-350. Accordingly, I believe that section 6512(b)(2) provides the Court with jurisdiction to order the refund of any overpayment we decide. I believe the legislative history cited by the majority supports this view. Majority op. p. 16 note 17; see S. Rept. 100-309, at 17 (1988) (stating that the Tax Court should be able to enforce a determination that a taxpayer is due a refund and that the taxpayer should not have to incur additional time, trouble, and expense of enforcing the refund in another forum). Conclusion Section 6330 cases are not merely about whether or not the Commissioner can proceed with the proposed collection action.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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