- 3 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011