- 3 - Background Respondent issued a notice of deficiency with respect to petitioner’s 1987 taxable year. Petitioner filed a petition and alleged that it had made an overpayment of tax for 1987 in the amount of $56,900,746. On December 19, 2002, this Court held that petitioner had made such an overpayment for 1987. State Farm Mut. Auto. Ins. Co. v. Commissioner, 119 T.C. 342 (2002), affd. 105 Fed. Appx. 67 (7th Cir. 2004). The Court of Appeals for the Seventh Circuit affirmed this Court’s decision on June 29, 2004. No petition for certiorari was filed by or on behalf of petitioner, and the decision of this Court became final on September 27, 2004. See sec. 7481(a)(2)(A). On December 15, 2004, respondent issued two checks aggregating $113,418,286.92 payable to petitioner. The checks ostensibly covered the amount of petitioner’s overpayment plus statutory interest thereon. Petitioner was furnished with a copy of respondent’s computations supporting the total amount of the checks. In its motion, petitioner takes issue with respondent’s computation of the overpayment interest payable to petitioner because respondent computes interest using a reduced rate set forth in section 6621(a)(1), which is commonly referred to as the GATT rate after 1994 in compounding the interest that had accruedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011