Barry S. Michelson - Page 7

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          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).]                     




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