- 4 - has no record of receiving petitioners’ 1994 return before January 14, 1999. Petitioners presented no documentation, such as a registered or certified mail receipt, as to the filing of their 1994 return. Petitioner husband’s testimony about mailing petitioners’ 1994 joint return was vague, as he was unable to recall even whether he mailed it from North Carolina or Georgia. Moreover, the record shows that petitioners are chronic late filers of their Federal income tax returns, which weighs against their credibility in this regard. We conclude and hold that petitioners have failed to prove that they mailed their 1994 joint Federal income tax return before the notices of deficiency were issued. Consequently, the 2-year look-back period of section 6511 applies, and petitioners are entitled to a refund only of taxes paid within the 2 years immediately prior to the date the notices of deficiency were mailed. See secs. 6511(a) and (b)(2)(B); Commissioner v. Lundy, supra at 243. Petitioners’ 1994 Federal tax withholdings are deemed paid on April 15, 1995, see secs. 6513(a) and (b)(1), more than 2 years before December 18, 1997, when respondent issued the notices of deficiency. Thus, we lack authority to award petitioners a refund of their 1994 overpayment. See id.Page: Previous 1 2 3 4 5 6 7 Next
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