- 7 - 15, 1992.3 And, pursuant to section 6513(a), petitioners' extension to August 17, 1992, did not change the due date of the tax from April 15, 1992. The notice of deficiency was issued to Shelley on August 18, 1994. Petitioners thereafter, on October 26, 1994, filed their 1991 return, which served as their claim for refund. Under section 6511(a), if the 3-year period from filing the return applies, Shelley is entitled to a refund. If the 2-year period applies, the limitations period has expired, and Shelley is barred from receiving a refund. 3Section 6513. Time Return Deemed Filed and Tax Considered Paid (a) Early Return or Advance Payment of Tax.-- For purposes of section 6511, any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. For purposes of section 6511(b)(2) and (c) and section 6512, payment of any portion of the tax made before the last day prescribed for the payment of the tax shall be considered made on such last day. For purposes of this subsection, the last day prescribed for filing the return or paying the tax shall be determined without regard to any extension of time granted the taxpayer and without regard to any election to pay the tax in installments. (b) Prepaid Income Tax.--For purposes of section 6511 or 6512-- (1) Any tax actually deducted and withheld at the source during any calendar year under chapter 24 shall, in respect of the recipient of the income, be deemed to have been paid by him on the 15th day of the fourth month following the close of his taxable year with respect to which such tax is allowable as a credit under section 31. [Sec. 6513(a) and (b)(1).]Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011