Milton R. Beall - Page 4




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          deficiency, or, if no claim was previously made, within 2 years             
          prior to the notice of deficiency.  See secs. 6511(a) and                   
          (b)(2)(B), 6512(b)(3); Commissioner v. Lundy, 516 U.S. 235                  
          (1996).  (Section 6513(b)(3) was amended for years ending after             
          August 5, 1997, by the Taxpayer Relief Act of 1997, Pub. L. 105-            
          34, sec. 1282(a), 111 Stat. 788, 1037-1038.)  Simply stated,                
          because petitioner's payments of his 1993 taxes are all deemed to           
          have been made no later than April 15, 1994, more than 2 years              
          prior to the issuance of the statutory notice on April 7, 1997,             
          refund or credit of the overpayment is barred.                              
                                             Decision will be entered in              
                                        accordance with the stipulation               
                                        of the parties.                               

























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