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Respondent concedes that petitioner overpaid Federal income
taxes for 1992, 1993, 1994, and 1995, and that he is not liable
for additions to tax under section 6651(a)(1) for 1992, 1993,
1994, and 1995. After concessions, the issues for decision are:
1. Whether petitioner's refunds of overpayments for 1992,
1993, 1994, and 1995 are barred by the statute of limitations
under section 6511. We hold that section 6511 bars petitioner's
refunds for 1992, 1993, and 1994, but that petitioner is eligible
for a refund of his 1995 overpayment.
2. Whether petitioner is entitled to receive refunds of
his overpayments for 1992, 1993, or 1994 under the doctrine of
equitable recoupment. We hold he is not.
3. Whether respondent's levy on petitioner's individual
retirement account in 1995 in the amount of $26,861 was a taxable
distribution. We hold that it was.
Section references are to the Internal Revenue Code in
effect for the years in issue. Rule references are to the Tax
Court Rules of Practice and Procedure.
I. FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
A. Petitioner
Petitioner lived in Arizona when he filed his petition in
this case.
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