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address, and employer identification number and its claim that it
was entitled to a $606,120 refund for "ERRONEOUS WITHHOLDING".
On or about August 24, 1995, respondent refunded to petitioner
the $606,120 amount that had been withheld for 1993.
The Fund did not file a 1991 or 1993 Federal income tax
return.1 For those years, the Fund did not have any U.S. source
income subject to tax, other than the dividends mentioned above.
Petitioner concedes that the Fund was not a tax-exempt
entity during the subject years.
Discussion
The facts of this case are virtually identical with the
facts of ICI Pension Fund v. Commissioner, 112 T.C. (1999),
an Opinion filed today. Counsel in this case is the same counsel
who appeared in ICI Pension Fund. In the instant case,
petitioner's counsel has made the same arguments as he made in
ICI Pension Fund. We considered all these arguments in ICI
Pension Fund, and we rejected them for the reasons stated
therein. We held in ICI Pension Fund that the Commissioner
issued the deficiency notices to the taxpayer within the
limitation period set forth in section 6501. We hold the same
here. To reflect this holding,
1 Although the Fund did file claims for refunds for both
years on Form 990-T, the parties agree that these claims are not
"returns" for purposes of sec. 6501(a). See MNOPF Trustees Ltd.
v. United States, 123 F.3d 1460 (Fed. Cir. 1997).
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