Sunoco Inc. & Subsidiaries v. Comm'r of Internal Revenue Serv., No. 09-2423 (3d Cir. 2011)Annotate this Case
The company overpaid income tax for certain years. The IRS either refunded the overpayments or applied the overpayments as credits to other tax years or to liabilities for other types of taxes before the company contested a notice of deficiency the IRS issued for the years to which the credits were applied. The company claimed that the IRS did not pay it enough overpayment interest on those overpayments. The Third Circuit vacated the Tax Court ruling that it had subject matter jurisdiction (26 U.S.C. 6512(b)(1) and (3)) over the claim. Interest owed to a taxpayer by the government, is not "a part of, or even related to, a taxpayer's tax liability" and is not "assimilated in treatment to the principal amount of a tax." The Tax Court erred in equating the question of interest with overpayment.