- 6 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011