- 4 - Petitioners had not yet filed their 1991 return when the notices of deficiency were issued. A separate individual notice of deficiency was sent to Barry on February 23, 1994, and a separate individual notice of deficiency was sent to Shelley on August 18, 1994. The statutory notice to Barry was issued by the Andover Service Center. The statutory notice to Shelley was sent by the Hartford District Director. Both statutory notices were based upon wage and other information obtained by the IRS from third party sources. On their 1991 return, petitioners reported taxable income in the amount of $46,180 and Federal income tax withholdings in the amount of $18,199, resulting in a claimed overpayment of $9,690. The Commissioner accepted the 1991 return as filed, but disallowed as untimely petitioners' claim for refund reflected on that return. The Government has conceded that there is no deficiency in income tax due from either petitioner for 1991, and that neither petitioner is liable for the additions to tax under sections 6651(a)(1) and 6654(a). At issue is whether either petitioner is entitled to a refund of the $9,690 overpayment. Section 6402 provides: In the case of any overpayment, the Secretary, within the applicable period of limitations, may credit the amount of such overpayment, including any interest allowed thereon, against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall, subject to subsections (c)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011