Llwellyn Greene-Thapedi - Page 44

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          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.               






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