- 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 NextLast modified: May 25, 2011