Keith Lee Wilson - Page 9

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          "overpayment" is the excess of the amount of tax that has been paid         
          over the amount of tax that is properly due.  See, e.g., Bachner v.         
          Commissioner, 109 T.C. 125, 128-129 (1997), affd. without published         
          opinion 172 F.3d 859 (3d Cir. 1998).  However, where, as here, the          
          taxpayer failed to file 1988 or 1992 tax returns before the notice          
          of deficiency was mailed, our jurisdiction with regard to claimed           
          refunds is limited to taxes paid during the 2-year period prior to          
          the  date  the  notice  of  deficiency  was  mailed.  See  secs.            
          6511(b)(2),5 6512(b)(3)(B);6 Commissioner v. Lundy, 516 U.S. 235,           

               5    Sec. 6511(a) generally provides that a claim for credit           
          or refund of an overpayment of tax must be filed by the taxpayer            
          within 3 years from the time the return was filed or within 2               
          years from the time the tax was paid, whichever period expires              
          later.  Sec. 6511(a) also expressly provides that, if no return             
          is filed, the claim must be filed within 2 years from the time              
          the tax was paid.  Sec. 6511(b)(2) provides limitations on the              
          amount of any credit or refund, as follows:                                 
                    SEC. 6511.  LIMITATIONS ON CREDIT OR REFUND.                      
                    (2) Limit on amount of credit or refund.--                        
                         (A) Limit where claim filed within 3-                        
                    year period.--If the claim was filed by the                       
                    taxpayer during the 3-year period prescribed                      
                    in subsection (a), the amount of the credit                       
                    or refund shall not exceed the portion of the                     
                    tax paid within the period, immediately                           
                    preceding the filing of the claim, equal to 3                     
                    years plus the period of any extension of                         
                    time for filing the return.  If the tax was                       
                    required to be paid by means of a stamp, the                      
                    amount of the credit or refund shall not                          
                    exceed the portion of the tax paid within the                     
                    3 years immediately preceding the filing of                       
                    the claim.                                                        
                         (B) Limit where claim not filed within                       
                                                             (continued...)           




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