109 T.C. No. 7
UNITED STATES TAX COURT
RONALD C. BACHNER, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 27019-92. Filed September 24, 1997.
P's employer withheld tax from his wages for 1984.
P filed a timely 1984 return reporting no tax liability
and claiming a refund for the withheld tax. No tax has
ever been assessed or refunded for 1984. R issued a
notice of deficiency after the expiration of the period
of limitations. Assessment of any tax against P for
1984 is now barred. P claims that the entire amount of
withheld tax is an overpayment within the meaning of
sec. 6512(b), I.R.C. R maintains that any overpayment
is limited to the amount by which the withheld tax
exceeds the amount of tax which might have been
properly assessed but for the statute of limitations.
Held: Pursuant to Lewis v. Reynolds, 284 U.S. 281
(1932), the amount of an overpayment for a taxable year
is limited to the excess of the tax paid over the
amount which might have been properly assessed and
demanded even though assessment is now barred by the
statute of limitations.
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