Elgin E. Flagg - Page 6

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          on this Court to determine the existence and amount of any                  
          overpayment of tax to be refunded for a year before us, section             
          6512(b)(3)(B) prohibits the Court from awarding a refund unless             
          we determine that the amount in question was paid                           
               within the period which would be applicable under                      
               section 6511(b)(2) * * * or (d), if on the date of the                 
               mailing of the notice of deficiency a claim had been                   
               filed (whether or not filed) stating the grounds upon                  
               which the Tax Court finds that there is an overpayment                 
               * * *                                                                  
          See also Commissioner v. Lundy, 516 U.S.     , 116 S. Ct. 647,              
          650-652 (1996).  The relevant provision of section 6511(b)(2)               
          provides that when a claim for refund is outside the 3-year                 
          period of section 6511(a), the amount of the refund may not                 
          exceed the amount of tax paid within the 2 years preceding the              
          claim for refund.  Sec. 6511(b)(2)(B).  Section 6511(a) provides            
          that a claim for refund generally must be made within 3 years               
          from the time the return was filed or if no return was filed by             
          the taxpayer, within 2 years from the time the tax was paid.  The           
          relevant provision of section 6511(d) provides that, in the case            
          of a refund that relates to an overpayment of tax imposed on                
          account of a worthless debt under section 166 or a worthless                
          security under section 165(g), or the effect that the                       
          deductibility of such a debt or security has on the application             
          to the taxpayer of a carryover, "in lieu of the 3-year period of            
          limitation prescribed in subsection (a), the period shall be                
          7 years from the date prescribed by law for filing the return for           





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