Estate of Evelyn M. McMorris - Page 13




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               The claim for refund of Federal income tax must be filed               
          within 3 years from the time the return was filed or 2 years from           
          the time the tax was paid, whichever is later.  See sec. 6511(a).           
          The expiration of the period for assessing deficiencies in                  
          Federal income tax generally occurs 3 years after the return was            
          filed.  See sec. 6501(a).                                                   
               Petitioner filed decedent's original 1991 Federal income tax           
          return and her Colorado return on or before April 15, 1992.  The            
          taxes were paid with the returns.  Although the parties'                    
          arguments focus on the period of assessing a deficiency, the                
          record contains no evidence of agreements or other actions that             
          would have extended the period of assessment.  The period for               
          filing a refund claim for Federal income tax and that for                   
          assessing a deficiency in Federal income tax both expire 3 years            
          after the date decedent's Federal income tax return was filed.              
          Thus, the period in which a claim for refund of decedent's                  
          Colorado income taxes could have been filed ran at least until              
          April 15, 1996, 1 year later.  So far as the record reflects,               
          only petitioner's failure to file a claim for refund of Colorado            
          taxes prevented or prevents receipt of the refund.  (Moreover, it           
          is not clear that the refund of Colorado taxes will never be paid           
          or credited to petitioner.)                                                 
               Petitioner filed the amended Federal income tax return on              
          January 30, 1996, once the parties in Estate of Donn D. McMorris            





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