Arthur Turco - Page 7

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          were making refund claims.  Thus, we conclude that petitioners'             
          photocopied returns were informal refund claims.  Cf. United                
          States v. Kales, supra (finding that letters to the IRS are                 
          informal claims).                                                           
               C.  Application of the Limitation Periods                              
               Because petitioners did not file returns, they are only                
          entitled to refunds of overpayments made within 2 years of the              
          filing of their informal claims.  Sec. 6511(a).  Petitioners'               
          1991 and 1992 payments, but not their 1990 payments, are within             
          the 2-year period.  See sec. 6511(b).  Therefore, petitioners are           
          entitled to a refund of their 1990 and 1991 overpayments.                   
          II. Underpayment of Estimated Tax                                           
               Respondent determined that petitioners are liable for                  
          additions to tax for underpayment of their estimated taxes for              
          1990 and 1991.  Petitioners contend that they filed timely 1989             
          and 1990 returns which directed the IRS to apply their                      
          overpayments to their 1990 and 1991 estimated taxes.  We have               
          concluded, however, that petitioners did not file their returns.            
          Accordingly, we sustain respondent's determination.                         
               To reflect the foregoing,                                              

                                                  Decisions will be entered           
                                             pursuant to Rule 155.                    








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