4 admitting that they never filed. Mr. Turco informed Ms. North that he and his wife had filed their 1989, 1990, and 1991 tax returns twice (i.e., once when they were due and again when they delivered the returns to Agent McClaughlin). On October 13, 1995, each petitioner received a separate statutory notice of deficiency relating to 1989, 1990, and 1991. On January 11, 1996, petitioners each filed a Tax Court petition, requesting refunds of their 1989, 1990, and 1991 overpayments. On May 9, 1997, petitioners filed properly executed Forms 1040, U.S. Individual Income Tax Return, for 1989, 1990, and 1991. OPINION I. Whether Petitioners May Recover Their Overpayments The parties agree that petitioners remitted more money than they owed for 1989, 1990, and 1991. Petitioners concede that all of the remitted funds were payments, rather than deposits. The issue, therefore, is whether petitioners may obtain a refund of their overpayments. To obtain a refund of an overpayment, a taxpayer must file a refund claim within the later of 3 years from the date the return was filed or 2 years from the date the tax was paid. Sec. 6511(a). If the 3-year period applies, the refund is limited to the tax paid during the 3 years (plus any extension of time for filing the return) immediately preceding the filing of the refund claim (3-year look-back period). Secs. 6512(b), 6511(b)(2)(A). If the 2-year period applies, the refund is limited to the taxPage: Previous 1 2 3 4 5 6 7 Next
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