Barry S. Michelson - Page 4

                                        - 4 -                                         

               Petitioners had not yet filed their 1991 return when the               
          notices of deficiency were issued.  A separate individual notice            
          of deficiency was sent to Barry on February 23, 1994, and a                 
          separate individual notice of deficiency was sent to Shelley on             
          August 18, 1994.  The statutory notice to Barry was issued by the           
          Andover Service Center.  The statutory notice to Shelley was sent           
          by the Hartford District Director.  Both statutory notices were             
          based upon wage and other information obtained by the IRS from              
          third party sources.                                                        
               On their 1991 return, petitioners reported taxable income in           
          the amount of $46,180 and Federal income tax withholdings in the            
          amount of $18,199, resulting in a claimed overpayment of $9,690.            
          The Commissioner accepted the 1991 return as filed, but                     
          disallowed as untimely petitioners' claim for refund reflected on           
          that return.                                                                
               The Government has conceded that there is no deficiency in             
          income tax due from either petitioner for 1991, and that neither            
          petitioner is liable for the additions to tax under sections                
          6651(a)(1) and 6654(a).  At issue is whether either petitioner is           
          entitled to a refund of the $9,690 overpayment.                             
               Section 6402 provides:                                                 
               In the case of any overpayment, the Secretary, within                  
               the applicable period of limitations, may credit the                   
               amount of such overpayment, including any interest                     
               allowed thereon, against any liability in respect of an                
               internal revenue tax on the part of the person who made                
               the overpayment and shall, subject to subsections (c)                  




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

Last modified: May 25, 2011