Ronald W. Stewart - Page 4




                                        - 4 -                                         

                      Years                                                           
                         1993            1994       1995                              
          Amount                                                                      
          withheld:   $18,457        $18,875    $24,943                               
               Respondent issued notices of deficiency for the years 1994             
          and 1995 on September 17, 1997, and for the year 1993 on October            
          1, 1997.                                                                    
                                       OPINION                                        
               Our jurisdiction to determine an overpayment and order a               
          refund is provided in section 6512.3  The Supreme Court has                 

               3Sec. 6512(b) provides in relevant part:                               
                    (1) Jurisdiction to determine.--Except as provided by             
               paragraph (3) and by section 7463, if the Tax Court finds              
               that there is no deficiency and further finds that the                 
               taxpayer has made an overpayment of income tax for the same            
               taxable year * * * in respect of which the Secretary                   
               determined the deficiency, or finds that there is a                    
               deficiency but that the taxpayer has made an overpayment of            
               such tax, the Tax Court shall have jurisdiction to determine           
               the amount of such overpayment, and such amount shall, when            
               the decision of the Tax Court has become final, be credited            
               or refunded to the taxpayer.                                           
                           *    *    *    *    *    *    *                            
                    (3) Limit on amount of credit or refund.--No such                 
               credit or refund shall be allowed or made of any                       
               portion of the tax unless the Tax Court determines as                  
               part of its decision that such portion was paid--                      
                         (A) after the mailing of the notice of deficiency,           
                         (B) within the period which would be applicable              
                    under section 6511(b)(2), (c), or (d), if on the date             
                    of the mailing of the notice of deficiency a claim had            
                    been filed (whether or not filed) stating the grounds             
                    upon which the Tax Court finds that there is an                   
                    overpayment, or                                                   
                         (C) within the period which would be applicable              
                    under section 6511(b)(2), (c), or (d), in respect of              
                                                             (continued...)           




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