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Respondent contends that refund of the sum of $2,097 is
barred by the statute of limitations effect of section 6512(b).
Petitioner argues that he is not seeking a refund but only credit
against his tax liability for 1994 and 1995. The Court does not
have jurisdiction over either 1994 or 1995. In any event, the
applicable authorities equate refund and credit and indicate that
either is barred in these circumstances.
Petitioner's overpayment resulted from a combination of
income taxes withheld during 1992 and estimated tax payments made
for 1992 and 1993. Section 6513(b)(1) provides that tax deducted
and withheld is deemed paid on the 15th day of the fourth month
following the close of the taxable year for which the tax is
allowable as a credit. Section 6513(b)(2) provides that any
amounts paid as estimated tax are deemed paid on the last day
prescribed for filing the return for the year for which the
estimate is paid. Thus, petitioner's entire overpayment carried
forward from 1992 to 1993 is deemed paid no later than April 15,
1994.
Petitioner did not file his 1993 return, or any claim for
refund, until August 1997, 4 months after the notice of
deficiency was sent. If a petition is filed in the Tax Court and
an overpayment is determined, no credit or refund may be allowed
unless the Court determines that the portion constituting the
overpayment was paid after the mailing of the notice of
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Last modified: May 25, 2011