- 8 - This case is governed by Commissioner v. Lundy, 516 U.S. ___, 116 S. Ct. 647 (1996). In Lundy, income taxes of the taxpayers (husband and wife) were withheld from their wages during 1987. On September 26, 1990, the Commissioner issued a notice of deficiency to the taxpayer-husband. Three months later, on December 22, 1990, the taxpayers filed their 1987 joint return. Id. at ___, 116 S. Ct. at 649. The Court framed the issue as follows: "[W]e must determine which of these two look-back periods to apply when the taxpayer fails to file a tax return when it is due, and the Commissioner mails the taxpayer a notice of deficiency before the taxpayer gets around to filing a late return." Id. at ___, 116 S. Ct. at 652. The Supreme Court held that the 2-year period applied: We reach this conclusion by following the instructions set out in section 6512(b)(3)(B). The operative question is whether a claim filed "on the date of the mailing of the notice of deficiency" would be filed "within 3 years from the time the return was filed." * * * In the case of a taxpayer who does not file a return before the notice of deficiency is mailed, the claim described in section 6512(b)(3)(B) could not be filed "within 3 years from the time the return was filed." No return having been filed, there is no date from which to measure the 3-year filing period described in section 6511(a). Consequently, the claim contemplated in section 6512(b)(3)(B) would not be filed within the 3-year window described in section 6511(a), and the 3-year look-back period set out in section 6511(b)(2)(A) would not apply. The applicable look-back period is instead the default 2-year period described in section 6511(b)(2)(B), which is measured from the date of the mailing of the notice of deficiency, see section 6512(b)(3)(B). The taxpayer is entitled to a refund of any taxes paid within two yearsPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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