- 22 -22 equitable tolling must show, at a minimum, that the IRS did something that reasonably induced him or her to believe the period of limitations was being tolled or had been extended. See First Alabama Bank v. United States, 981 F.2d 1226, 1228 (11th Cir. 1993). Although there may be additional requirements to prove equitable estoppel, the Court need not explore those requirements because petitioners have not shown that the IRS did or said anything which reasonably could have induced them to believe the time period for filing a claim for refund was being tolled or had been extended. In sum, we hold that petitioners are not entitled to a refund of the 1986 overpayment attributable to the carryback of the 1989 NOL. This result may appear inequitable in light of the fact that respondent clearly concedes that an overpayment exists for taxable year 1986. However, the general principles of equity may not override statutory requirements for the timely filing of tax refund claims. Republic Petroleum Corp. v. United States, 613 F.2d 518 (5th Cir. 1980). Furthermore, the Court notes that with reference to the equities of this case, petitioners created this situation by their failure to file timely returns for the years at issue.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011