- 10 - mailing in question, and the uncontested filing history of petitioner. We also consider the fact that respondent established that the IRS carried out a diligent search of its records. Based on the record, we find that petitioner has failed to establish that the 1994 return was mailed to the IRS Service Center in Cincinnati, Ohio, on May 15, 1995. Accordingly, petitioner's 1994 Federal income tax return was not filed before October 2, 1998, and therefore the claim for refund for overpayment of tax for 1994 was made on October 2, 1998. We now turn to a discussion of the law as it pertains to the timely claim for refunds for overpayment of Federal income taxes. Section 6512(b)(3) prescribes limitations on the amounts of credits or refunds as follows: (3) Limit on amount of credit or refund.--No such credit or refund shall be allowed or made of any portion of the tax unless the Tax Court determines as part of its decision that such portion was paid-- (A) after the mailing of the notice of deficiency (B) within the period which would be applicable under section 6511(b)(2), (c), or (d), if on the date of the mailing of the notice of deficiency a claim had been filed (whether or not filed) stating the grounds upon which the Tax Court finds that there is an overpayment, or (C) within the period which would be applicable under section 6511(b)(2), (c), or (d), in respect of any claim for refund filed within the applicable period specified in section 6511 and before the date of the mailing of the notice of deficiency--Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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