Arnold S. and Ellen K. Jacobs - Page 7

                                                - 7 -                                                 
            for filing the return under section 6012 for such taxable year".                          
            Although by its own terms section 6513 applies for the purposes                           
            of section 6511 or 6512 this statutory treatment of early filed                           
            returns, early payments of tax, and payments of estimated income                          
            tax is consistent with other provisions of the Code, and we                               
            consider it highly instructive with respect to the issue in this                          
            case.  See In re Ripley, supra; Cox v. Commissioner, T.C. Memo.                           
            1987-482.                                                                                 
                  Section 6201, which prescribes the Commissioner's assessment                        
            authority, provides that "No unpaid amount of estimated tax under                         
            section 6153 or 6154 shall be assessed."  Sec. 6201(b)(1).                                
            Section 6211 defines the term "deficiency" by reference to the                            
            tax shown on the taxpayer's return, and specifically provides                             
            that the "tax imposed by subtitle A and the tax shown on the                              
            return shall both be determined without regard to payments on                             
            account of estimated tax".  (Emphasis added.)  Sec. 6211(a)(1)(A)                         
            and (b)(1).  Consistent therewith, section 6501 provides that the                         
            limitations period within which the Commissioner must assess a                            
            tax deficiency starts when the return is filed--not when an                               
            installment payment was due--and a return of tax filed before the                         
            last day prescribed therefor is deemed filed on such last day.                            
            Sec. 6501(a) and (b)(1).  All these provisions reflect that the                           
            last day prescribed for payment of the tax is the last day for                            
            filing the return, irrespective of any installment payments of                            
            estimated tax.                                                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011