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our decision becomes final, the overpayment must be credited or
refunded to the taxpayer. See id.
Nevertheless, under certain circumstances section 6512(b)(3)
limits the allowance of any credit or refund determined by this
Court. This section provides, in pertinent part, as follows:
(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
any claim for refund filed within the applicable period
specified in section 6511 and before the date of the
mailing of the notice of deficiency--
(i) which had not been disallowed
before that date,
(ii) which had been disallowed before
that date and in respect of which a
timely suit for refund could have been commenced
as of that date, * * *
Thus, since no payments were made after the mailing of the
respective notices of deficiency (section 6512(b)(3)(A)), and no
claims for refund were filed before the mailing of the respective
notices of deficiency (section 6512(b)(3)(C)), only section
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Last modified: May 25, 2011