-10-
5(...continued)
3-year period.--If the claim was not filed
within such 3-year period, the amount of the
credit or refund shall not exceed the portion
of the tax paid during the 2 years
immediately preceding the filing of the
claim.
(C) Limit if no claim filed.--If no
claim was filed, the credit or refund shall
not exceed the amount which would be
allowable under subparagraph (A) or (B), as
the case may be, if claim was filed on the
date the credit or refund is allowed.
6 Sec. 6512(b)(3) limits the amount of the credit or
refund as follows:
SEC. 6512. LIMITATIONS IN CASE OF PETITION TO TAX
COURT.
(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--
(i) which had not been disallowed
before that date,
(continued...)
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