Barbara Deaton - Page 11

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          2d 95-7980, 96-1 USTC par. 50,088 (5th Cir. 1995) (following                
          Thomas and Ford).                                                           
                    iii.  Baral v. United States                                      
               In Baral v. United States, 528 U.S. 431, 437-438 (2000), a             
          section 6511 case involving income tax withholding and a                    
          remittance of estimated tax, the Supreme Court rejected the                 
          interpretation of Rosenman v. United States, supra, by the Court            
          of Appeals for the Fifth Circuit as being at odds with the plain            
          language of section 6513(b)(1) and (2).  Section 6513(b)(2)                 
          provides that, for purposes of section 6511 or 6512,5 remittances           
          of estimated income tax in respect of a taxable year are deemed             
          paid on the deadline (determined without regard to extensions)              
          for filing that year’s return.  Section 6513(b)(1) contains a               
          similar rule for income tax withholding.  In a footnote, the                
          Court stated:  “We need not address the proper treatment under �            
          6511 of remittances that, unlike withholding and estimated income           
          tax, are not governed by a ‘deemed paid’ provision akin to �                
          6513(b).”  Baral v. United States, supra at 439 n.2.  Thus, in              
          the context of remittances not described in section 6513(b), the            
          facts and circumstances approach to distinguishing between                  
          payments and deposits, as developed under Rosenman and its                  
          progeny, retains its viability.  See VanCanagan v. United States,           


               5  Sec. 6512(b) contains rules relating to overpayment                 
          determinations by the Tax Court.  Sec. 6512(b)(3) provides                  
          “lookback” rules in part by reference to sec. 6511(b)(2).                   




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