Ezel / IRS Rulings / 200750018

TAM 200750018: IRS revokes earlier advice on arbitrage rebate overpayment claim

Number
200750018
Outcome
Revocation
Document type
Technical Advice Memorandum
IRS subject
Necessity for Claim for Refund; Limitations on Credit or Refund (Barred v. Not Barred); Suits by Taxpayer
Topics
Procedure, penalties, and administration
Code sections
§ 7422
Ruling dated
October 25, 2007
Publicly released
December 14, 2007
Source
View Official PDF

Apply this to your situation

This page covers IRS technical advice on one taxpayer's case, issued in 2007, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2007
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It answered an IRS office's question about one taxpayer's case on its specific facts, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

The IRS reconsidered and revoked an earlier technical advice memorandum concerning a taxpayer's arbitrage rebate overpayment. It now concluded that the overpayment fell within the phrase “any sum” in section 7422(a), the provision governing refund claims. As a result, consideration of the merits of the taxpayer's refund claim may resume. This short memorandum gives no detailed analysis of the overpayment or decision on the merits of the claim.

Ruling snapshot

  • Question: Is the arbitrage rebate overpayment within section 7422(a)'s “any sum” language?
  • Outcome: Earlier TAM 200446021 revoked; consideration of the refund claim may resume.
  • Key authorities: IRC § 7422(a).

Full text (IRS public release)

INTERNAL REVENUE SERVICE
NATIONAL OFFICE TECHNICAL ADVICE MEMORANDUM

October 25, 2007

Third Party Communication: None
Date of Communication: Not Applicable

Number: 200750018
Release Date: 12/14/2007
Index (UIL) No.: 7422.01-00, 6511.00-00, 6532.02-00
CASE-MIS No.: TAM-146350-07

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Taxpayer's Name: ------------------------------------------
Taxpayer's Address: --------------------------------------
-------------------------------------------
Taxpayer's Identification No: ----------------
Year(s) Involved: -------
Date of Conference: -------------------

Technical Advice Memorandum 200446021 issued in regard to the above named taxpayer on August 6, 2004, has been reconsidered and is now revoked. We have now concluded that the arbitrage rebate overpayment described in TAM 200446021 is within the meaning of the “any sum” language contained in I.R.C. § 7422(a). Consideration of the merits of the taxpayer’s claim for refund may be renewed.

CAVEAT:

A copy of this technical advice memorandum is to be given to the taxpayer. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent.

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