- 5 -
existence and amount of any overpayment of tax when a taxpayer
had not filed a return prior to the time the Commissioner mailed
a statutory notice of deficiency. The law is clear that when a
taxpayer failed to file a tax return or claim for refund prior to
the time the notice of deficiency was mailed, the taxpayer's
credit or refund generally is limited to those taxes paid within
2(...continued)
imposed by this title in respect of which tax the
taxpayer is required to file a return shall be filed by
the taxpayer within 3 years from the time the return
was filed or 2 years from the time the tax was paid,
whichever of such periods expires the later, or if no
return was filed by the taxpayer, within 2 years from
the time the tax was paid. * * *
(b) Limitation on Allowance of Credits and
Refunds.--
(1) Filing of Claim Within Prescribed
Period.--No credit or refund shall be allowed or made
after the expiration of the period of limitation
prescribed in subsection (a) for the filing of a claim
for credit or refund, unless a claim for credit or
refund is filed by the taxpayer within such period.
(2) Limit on Amount of Credit or Refund.--
(A) Limit Where Claim Filed Within 3-
Year Period.--If the claim was filed by the taxpayer
during the 3-year period prescribed in subsection (a),
the amount of the credit or refund shall not exceed the
portion of the tax paid within the period, immediately
preceding the filing of the claim, equal to 3 years
plus the period of any extension of time for filing the
return. * * *
(B) Limit Where Claim Not Filed Within
3-Year Period.--If the claim was not filed within such
3-year period, the amount of the credit or refund shall
not exceed the portion of the tax paid during the 2
years immediately preceding the filing of the claim.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011