16 1989) (citing Arch Engg. Co. v. United States, 783 F.2d 190, 192 (Fed. Cir. 1986)); American Radiator & Standard Sanitary Corp. v. United States, 162 Ct. Cl. 106, 318 F.2d 915, 920 (1963). Therefore, to prevail on their informal claim argument, petitioners bear the burden of proving that: (1) They filed a writing with the IRS; (2) this writing requested a refund or notified the IRS that they would seek a refund; and (3) the IRS had enough information to begin examining their claim before they filed their formal refund claim. Petitioners did not file a written claim for refund of the 1986 overpayment. It is well established that an oral claim in and of itself is not sufficient to satisfy section 6511.4 Alisa v. Commissioner, supra (citing Ritter v. United States, 28 F.2d 265, 267 (3d Cir. 1928) and Barenfeld v. United States, 194 Ct. Cl. 903, 442 F.2d 371 (1971)). In the alternative, petitioners argue they are entitled to a refund of the 1986 overpayment based on the assurances of the IRS agents that their claim would be considered, that their verbal requests constituted valid refund claims within the limitations period, and that taxpayers were not permitted to file amended returns during an audit. In other words, petitioners argue that 4 Even if "the agent subsequently wrote a memorandum summarizing the oral statements [it would not] suffice to validate the alleged claim; the failure to file a written claim may be taken as an indication the taxpayer does not intend to prosecute his oral claim." Alisa v. Commissioner, T.C. Memo. 1976-255.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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