Bobby B. Smathers and Kathleen N. Smathers - Page 3




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          according to respondent’s records, petitioners did not file their           
          joint returns for taxable years 1993, 1994, 1995, and 1996 until            
          they presented them to respondent’s Appeals Office on                       
          January 14, 1999.                                                           
          1.  Authority To Award a Refund of Petitioners’ 1994 Overpayment            
               As a result of excess Federal income tax withholdings,                 
          petitioners overpaid their 1994 Federal income taxes by $2,045.             
          Respondent argues that we lack authority to award a refund.                 
               Generally, this Court has jurisdiction to award a refund for           
          overpayment of taxes that the taxpayer paid within one of two               
          applicable look-back periods:  either (1) the 2 years before                
          respondent issued the notice of deficiency, or (2) the 3 years              
          before the taxpayer filed his or her return.  See secs.                     
          6511(b)(2)(A) and (B), 6512(b)(3)(B); Commissioner v. Lundy, 516            
          U.S. 235, 241-242 (1996).  If the taxpayer does not file a return           
          before the notice of deficiency is issued, the 2-year look-back             
          period applies.  See secs. 6511(b)(2)(B), 6512(b)(3);                       
          Commissioner v. Lundy, supra at 243.                                        
               Petitioners assert that they filed their 1994 joint Federal            
          income tax return on April 6, 1995, before the issuance of the              
          notices of deficiency on December 18, 1997.  Respondent, however,           



               2(...continued)                                                        
          1992, on April 14, 1993.  When respondent received petitioners’             
          1992 joint Federal income tax return, it was untimely.                      





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