- 12 - period for overpayments. Section 6511(c)(2) provides that a credit or refund may be allowed within 6 months after expiration of the period within which an assessment may be made, when, as here, no claim was filed but the period of assessment was extended by agreement (in this case by operation of law, which we construe as the equivalent of such an agreement). Section 183(e)(4) substantially expands, in the somewhat complex manner delineated above, the period for assessing any deficiency attributable to an activity in the circumstances described. Nevertheless, we hold for the sake of consistent treatment that petitioners' right to an allowance of overpayments in connection with their section 183 election be at least coterminous with respondent's authority to make an assessment under section 183(e)(4). For the above reasons, we determine that there is an overpayment of petitioners' Federal income tax for 1991 and 1992 in the amount of $322 for each respective year, and we hold that such overpayments are not barred by the period of limitations on credits or refunds. Decision will be entered under Rule 155. Reviewed by the Court. COHEN, CHABOT, PARR, BEGHE, CHIECHI, FOLEY, VASQUEZ, and GALE, JJ., agree with this majority opinion.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011