- 9 - where there has been an erroneous refund. Pesch v. Commissioner, 78 T.C. 100, 120 (1982); Krieger v. Commissioner, supra; Beer v. Commissioner, T.C. Memo. 1982-735, affd. 733 F.2d 435 (6th Cir. 1984); see also Burnet v. Porter, 283 U.S. 230 (1931); Miller v. Commissioner, 23 T.C. 565 (1954), affd. 231 F.2d 8 (5th Cir. 1956); H. Rept. 849, 79th Cong., 1st Sess. (1945), 1945 C.B. 566, 583. When the Commissioner resorts to the deficiency procedure, it is clear that the period of limitations applicable to such course of action, i.e., sec. 6501, is controlling rather than the 2-year period applicable to suits for the recovery of erroneous refunds. Pesch v. Commissioner, supra; Krieger v. Commissioner, supra. Under the general rule of section 6501(a), a deficiency must be assessed within 3 years from the date on which the return is filed. Since we view facts in the manner most favorable to the party opposing summary judgment, see Estate of Gardner v. Commissioner, 82 T.C. 989 (1984), we assume petitioner filed his 1990 Federal income tax return on July 1, 1992. The statutory notice of deficiency was issued on May 12, 1995. Therefore, the 3-year statute of limitations was met. Estoppel The final argument we must consider in petitioner's motion for summary judgment appears to be an estoppel argument. Petitioner contends that because respondent accepted his return for 1990 and issued him a refund, respondent should now be barredPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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