Priscilla B. Badger - Page 6

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          the 2-year "look-back period" prior to the date of the mailing of           
          the notice of deficiency, as prescribed by section 6511(b)(2)(B).           
          Id.                                                                         
               Pursuant to section 6512(b)(3)(B), petitioner is deemed to             
          have filed a claim for credit or refund on May 18, 1994, the date           
          the notices of deficiency were mailed.  Accordingly, under the 2-           
          year look-back period of section 6511(b)(2)(B), petitioner would            
          be entitled to a refund of any overpayments of her tax made on or           
          after May 18, 1992, for tax years 1990 and 1991.  However,                  
          because section 6513(b)(1) deems the tax withheld from                      
          petitioner's wages during 1990 and 1991 to have been paid on                
          April 15, 1991 and April 15, 1992, respectively, no portion of              
          the tax was paid during the 2-year look-back period.                        
               Consequently, we must hold that petitioner is not entitled             
          to a decision that she has an overpayment of her 1990 or 1991               
          Federal income tax, and, hence, no portion of the amounts                   
          withheld from petitioner's wages during 1990 and 1991 may be                
          refunded or credited as an overpayment.  Petitioner made no                 
          payments during the 2-year look-back period preceding the date              
          the statutory notices of deficiencies were mailed, and she is               
          barred by section 6511(b)(2)(B) from obtaining any portion of her           
          1990 or 1991 overpayments.  Although this result may seem harsh,            
          it follows directly from petitioner's failure, through her own              
          neglect, to fulfill her obligations to file a timely return or              
          otherwise to exercise her rights within the time period                     






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