Evelyn N. Williams - Page 10




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          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--                             






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