Legal Opinion

Garwood Irrigation Co. v. Comm'r

United States Tax Court

Decided May 1, 2006No. 1459-03Published

P, an S corporation, is due an overpayment that exceeds $ 10,000. R computes that overpayment using the Federal short-term rate plus 0.5 percentage point according to R's reading of sec. 6621(a)(1), I.R.C. P maintains that it should not be treated as a corporation for purposes of determining the applicable rate because of its S corporation election. P's position is based upon sec. 6621(c)(3), I.R.C., which is cross-referenced in sec. 6621(a)(1), I.R.C.

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P, an S corporation, is due an overpayment that exceeds $ 10,000. R computes that overpayment using the Federal short-term rate plus 0.5 percentage point according to R's reading of sec. 6621(a)(1), I.R.C. P maintains that it should not be treated as a corporation for purposes of determining the applicable rate because of its S corporation election. P's position is based upon sec. 6621(c)(3), I.R.C., which is cross-referenced in sec. 6621(a)(1), I.R.C. Held: The lower corporate rate set forth in the flush language of sec. 6621(a)(1), I.R.C., applies to C corporations, and P is entitled to the…

1Opinion of the Court

GARWOOD IRRIGATION COMPANY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Garwood Irrigation Co. v. Comm'r

No. 1459-03

United States Tax Court

126 T.C. 233; 2006 U.S. Tax Ct. LEXIS 12; 126 T.C. No. 12;

May 1, 2006, Filed

Garwood Irrigation Co. v. Comm'r, T.C. Memo 2004-195, 2004 Tax Ct. Memo LEXIS 200 (T.C., 2004)

P, an S corporation, is due an overpayment that exceeds $ 10,000.

R computes that overpayment using the Federal short-term rate

plus 0.5 percentage point according to R's reading of

sec. 6621(a)(1), I.R.C. P maintains that it should not be treated as

a corporation for purposes of…

2Cases cited3 opinions

  1. Reynolds v. CooperSupreme Court of the United States · 1934
  2. Garwood Irrigation Co. v. Comm'rUnited States Tax Court · 2006
  3. Garwood Irrigation Co. v. Comm'rUnited States Tax Court · 2004

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