- 7 - for filing the return under section 6012 for such taxable year". Although by its own terms section 6513 applies for the purposes of section 6511 or 6512 this statutory treatment of early filed returns, early payments of tax, and payments of estimated income tax is consistent with other provisions of the Code, and we consider it highly instructive with respect to the issue in this case. See In re Ripley, supra; Cox v. Commissioner, T.C. Memo. 1987-482. Section 6201, which prescribes the Commissioner's assessment authority, provides that "No unpaid amount of estimated tax under section 6153 or 6154 shall be assessed." Sec. 6201(b)(1). Section 6211 defines the term "deficiency" by reference to the tax shown on the taxpayer's return, and specifically provides that the "tax imposed by subtitle A and the tax shown on the return shall both be determined without regard to payments on account of estimated tax". (Emphasis added.) Sec. 6211(a)(1)(A) and (b)(1). Consistent therewith, section 6501 provides that the limitations period within which the Commissioner must assess a tax deficiency starts when the return is filed--not when an installment payment was due--and a return of tax filed before the last day prescribed therefor is deemed filed on such last day. Sec. 6501(a) and (b)(1). All these provisions reflect that the last day prescribed for payment of the tax is the last day for filing the return, irrespective of any installment payments of estimated tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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