Robert E. Wadlow and Connie V. Wadlow - Page 11




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          disallowance of deductions in a section 183 election case is                
          invalid from lack of mutuality, and the Commissioner, we believe,           
          may not do likewise as to overpayments.                                     
               Respondent argues that if, as in the present case, no claim            
          for refund is filed prior to the mailing of a notice of                     
          deficiency, then the amount of the refund is limited to the                 
          amount that would be allowable under section 6511(b)(2) if a                
          claim had been filed on the date of the mailing of the notice of            
          deficiency, citing section 6512(b)(3)(B).  Nevertheless, since              
          the period of limitations on assessment of any deficiency arising           
          from deductions relating to petitioners' horse boarding and                 
          training activities has been extended by the section 183 election           
          (petitioners' overpayments being related solely to such                     
          deductions), which elections we regard as tantamount to section             
          6501(c)(4) extensions, petitioners could have filed claims for              
          overpayment as of the deficiency notice dates by reason of                  
          section 6511(c), even though no such claims were actually filed.            
          Therefore, this Court has jurisdiction to allow such claims                 
          insofar as section 6512(b)(3) is concerned.                                 
               Respondent also suggests, referring to section 183(e)(4),              
          that the only period extended by a section 183(e) election is the           
          statutory period for the assessment of any deficiency                       
          attributable to "such activity."  We believe, and hold, that                
          section 183(e)(4) also extends, mutatis mutandis, the statutory             





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