- 8 - We apply the established law on the refund of overpayments to the stipulated amounts shown in the chart above. Each of the withheld amounts was deemed withheld and paid on April 15 of the year in which the return was due, and the fact that petitioner received an extension of time to file some of the returns did not change the date as of which the tax is deemed paid. Sec. 6513(a) and (b)(1). Respondent issued the notices of deficiency to petitioner on May 11, 1995, and, as of that date, petitioner had not yet filed his returns. Thus, apart from the effect of section 6511(d), petitioner is generally limited to a refund of only amounts that he paid during the 2-year period prior to May 11, 1995. Commissioner v. Lundy, 516 U.S. at , 116 S. Ct. at 647. Respondent has conceded that section 6511(d)(1) entitles petitioner to a refund of the overpayments for each subject year, except 1986, to the extent that the overpayments are attributable to worthless debts or worthless securities. Accordingly, petitioner is entitled to a refund of those amounts. With respect to the 1986 overpayment, however, respondent has not made a similar concession because all of the underlying amounts were paid more than 7 years before the notice of deficiency was issued. We hold that petitioner is not entitled to a refund of this amount.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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