Page:United States Statutes at Large Volume 102 Part 4.djvu/781

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3751

Secretary's determination under subparagraph (B) that the property may be sold. Such review may be commenced upon motion by either the Secretary or the taxpayer. An order of the Tax Court disposing of a motion under this paragraph shall be reviewable in the same manner as a decision of the Tax Court." (b) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 6863 take effect on the 90th day after the date of the enactment of this note. Act. SEC 6246. JURISDICTION TO REDETERMINE INTEREST ON DEFICIENCIES.

(a) IN GENERAL.—Section 7481 of the 1986 Code (relatii^ to date when Tax Court decision becomes final) is amended by adding at the end thereof the following new subsection: "(c)

JURISDICTION OVER INTEREST DETERMINATIONS.—Notwith-

standing subsection (a), if— "(1) an assessment has been made by the Secretary under section 6215 which includes interest as imposed by this title, "(2) the taxpayer has paid the entire amount of the deficiency plus interest claimed by the Secretary, and "(3) within 1 year after the date the decision of the Tax Court becomes final under subsection (a), the taxpayer files a petition in the Tax Court for a determination that the amount of interest claimed by the Secretary exceeds the amount of interest imposed by this title, then the Tax Court may reopen the case solely to determine whether the taxpayer has made an overpayment of such interest and the amount of any such overpayment. If the Tax Court determines under this subscK^tion that the taxpayer has made an overpayment of interest, then that determination shall be treated under section 6512(b)(l) as a determination of an overpayment of tax. An order of the Tax Court redetermining the interest due, when entered upon the records of the court, shall be reviewable in the same manner as a decision of the Tax Court." 0>) CONFORMING AMENDMENTS.—

(1) Section 6512(a) of the 1986 Code (relating to effect of petition to Tax Court) is amended by inserting after "section 6213(a)" the following: "(or 7481(c) with respect to a determination of statutory interest)". (2) Subsection (a) of section 7481 of the 1986 Clode is amendc-i by striking out "subsection (b)" and inserting in lieu thereof "subsections (b) and (c)". (c) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 6512 apply to assessments of deficiencies redetermined by the Tax C]k)urt note. made after the date of the enactment of this Act. SEC. 6247. JURISDICTION TO MODIFY DECISIONS IN CERTAIN ESTATE TAX CASES.

(a) IN GENERAL.—Section 7481 of the 1986 Code (relating to date when Tax Court decision becomes final), as amended by section 783(a), is further amended by adding at the end thereof the following new subsection: "(d) DECISIONS RELATING TO INSTATE TAX EXTENDED UNDER SEC-

TION 6166.—If with respect to a decedent's estate subject to a decision of the Tax Court— "(1) the time for payment of an amount of tax imposed by chapter 11 is extended under section 6166, and

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