Evelyn N. Williams - Page 13




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          years from the time the return was filed", while section                    
          6511(b)(2)(B) specifies a 2-year look-back period if the refund             
          claim is not filed within the 3-year period.  The 2-year                    
          look-back period applied in Commissioner v. Lundy, supra, because           
          as of the date the notice of deficiency was mailed in that case,            
          the taxpayers had not filed a return, and, therefore, a claim               
          filed on that date would not have been filed within the 3-year              
          period described in section 6511(a).  The taxpayers' taxes were             
          withheld from wages so they were deemed paid on the date their              
          1987 tax return was due (April 15, 1988), which was more than 2             
          years prior to the date the notice of deficiency was mailed on              
          September 26, 1990.  Therefore, the claim for refund was denied.            
               In the instant case, petitioner was required to file Federal           
          income tax returns for 1993, 1994, 1995, on or before August 15,            
          1994, April 15, 1995, and April 15, 1996, respectively.  Taxes in           
          the respective amounts of $6,378, $8,043, and $378 were withheld            
          from petitioner's wages for the 1993, 1994, and 1995 tax years.             
          These taxes are deemed to have been paid by petitioner on April             
          15, 1994, April 15, 1995, and April 15, 1996 for the 1993, 1994,            
          and 1995 tax years, respectively.  See sec. 6513(a).  Petitioner            
          requested a notice of deficiency, and one was duly mailed on                
          February 19, 1998.                                                          
               We have found, earlier in this opinion, that Mr. Williams              
          submitted joint income tax returns for 1993, 1994, and 1995 to              






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