Mary McNulty Quoted on Overpayment Interest Suits

Posted by Mary McNulty   Mary McNulty was quoted in a Tax Notes Today article (subscription required) on the Sixth Circuit panel’s review in the Ford case (Docket No. 10-1934), on remand from the U.S. Supreme Court (Docket No. 13-113), of whether the court’s holding that the district court properly exercised      jurisdiction over an overpayment interest claim in E.W. Scripps Co. & Subs. v. United States, 420 F.3d 589 (6th Cir. 2005) (Doc 2005-17576) will stand. According to Mary, if the Court upholds its ruling and is not reversed by the U.S. Supreme Court, it “would open the door to a broader choice of forum” for all taxpayers.Outside of the Sixth Circuit, overpayment interest claims in excess of $10,000 must be brought in the Court of Federal Claims or at the end of a Tax Court proceeding through a Motion to Redetermine Interest.  As the choice of forum broadens, taxpayers can pursue netting and other interest issues in more courts and splits among the circuits will be more likely. See our chart of Pending Interest Cases for more discussion of the Ford case and other overpayment and underpayment interest cases. If you have any questions about the implications of this case, or about the legal aspects of interest computations, please contact either Mary or any of the other Tax lawyers at Thompson & Knight.