-11- 243-244 (1996);7 Wadlow v. Commissioner, 112 T.C. 247 (1999); Hart v. Commissioner, T.C. Memo. 1999-186; James v. Commissioner, T.C. Memo. 1999-160. The notice of deficiency concerning petitioner’s 1988 tax year was mailed on July 8, 1996, and petitioner did not file a 1988 return by that date.8 As a result, petitioner’s claimed refund is limited to the amount of 1988 taxes he paid in the 2 years prior to July 8, 1996. In 1988, petitioner made estimated tax payments of $5,000, which are deemed to have been paid as of April 15, 1989. See sec. 6513(b)(2). In addition, petitioner remitted $8,000 with his request for an extension of time to file his 1988 tax return. For purposes of resolving disputes as to whether a claim for refund is time barred under section 6511, we must determine whether 6(...continued) (ii) which had been disallowed before that date and in respect of which a timely suit for refund could have been commenced as of that date, or (iii) in respect of which a suit for refund had been commenced before that date and within the period specified in section 6532. 7 Although sec. 1282(a) of the Taxpayer Relief Act of 1997, Pub. L. 105-34, 111 Stat. 788, 1037, amended sec. 6512(b)(3) in response to the result in Commissioner v. Lundy, 516 U.S. 235 (1996), this amendment is inapplicable to the instant proceeding because the amendment applies to claims for credit or refund for taxable years ending after Aug. 5, 1997. 8 Petitioner is deemed to have filed his refund claim on July 8, 1996, the date the notice of deficiency was mailed. See sec. 6512(b)(3)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011