- 4 - years from the time the return was filed or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Petitioner tendered the $5,000 to the Commissioner with a Form 4868. The Court of Appeals for the Ninth Circuit, the court to which an appeal in this case lies, has held that a remittance to the Commissioner in such a situation is a payment of estimated tax and not a deposit. See Ott v. United States, 141 F.3d 1306 (9th Cir. 1998). We hold likewise. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971); see also Baral v. United States, U.S. (2000) (quarterly estimated tax payment was a payment of tax and not a deposit). Because petitioner’s payment of the $5,000 is considered paid on April 15, 1991, see sec. 6513(b)(2), petitioner is not entitled to receive a refund of any of that amount, see Commissioner v. Lundy, supra. Decision will be entered stating that there is no deficiency, addition to tax, or accuracy-related penalty due from petitioner and there is no overpayment due to petitioner for 1990.Page: Previous 1 2 3 4
Last modified: May 25, 2011