Pub. L. 105-34, tit. XIV, subtit. C, sec. 1452

REDETERMINATION OF INTEREST PURSUANT TO MOTION.

EnactedYear: 1997Length: 279 wordsOfficial source
SEC. 1452. REDETERMINATION OF INTEREST PURSUANT TO MOTION. (a) In General.—Subsection (c) of section 7481 (relating to jurisdiction over interest determinations) is amended to read as follows: “(c) Jurisdiction Over Interest Determinations.— “(1) In general.—Notwithstanding subsection (a), if, within 1 year after the date the decision of the Tax Court becomes final under subsection (a) in a case to which this subsection applies, the taxpayer files a motion in the Tax Court for a redetermination of the amount of interest involved, then the Tax Court may reopen the case solely to determine whether the taxpayer has made an overpayment of such interest or the Secretary has made an underpayment of such interest and the amount thereof. “(2) Cases to which this subsection applies.—This subsection shall apply where— “(A)(i) an assessment has been made by the Secretary under section 6215 which includes interest as imposed by this title, and111 STAT. 1055 “(ii) the taxpayer has paid the entire amount of the deficiency plus interest claimed by the Secretary, and “(B) the Tax Court finds under section 6512(b) that the taxpayer has made an overpayment. “(3) Special rules.—If the Tax Court determines under this subsection that the taxpayer has made an overpayment of interest or that the Secretary has made an underpayment of interest, then that determination shall be treated under section 6512(b)(1) as a determination of an overpayment of tax. An order of the Tax Court redetermining interest, when entered upon the records of the court, shall be reviewable in the same manner as a decision of the Tax Court.”. (b) Effective Date.—The amendment made by this section shall take effect on the date of the enactment of this Act