Ronald A. Mason - Page 10




                                       - 10 -                                         
          claimed the overpayment of $61,151 that he had made for 1995 as a           
          credit to his tax liability for taxable year 1996.  Section                 
          6511(b)(2)(A) limits such a credit (or a refund) for 1995 to the            
          tax paid for that year within the period, immediately preceding             
          the filing of the claim for a credit in petitioner’s 1995 return,           
          equal to three years plus the period of any extension of time for           
          filing that return.  See United States v. Brockamp, 519 U.S. 347,           
          351-354 (1997); Landry v. Commissioner, 116 T.C. ___ (2001) (slip           
          op. at 6).  The due date for petitioner’s 1995 return, including            
          extensions, was August 15, 1996.  The $61,151 overpayment that              
          petitioner made for his taxable year 1995 was made on April 15,             
          1996,3 and not within the period prescribed by section                      
          6511(b)(2)(A).  Consequently, petitioner is not entitled to a               
          credit (or a refund) of that overpayment.  See sec.                         
          6511(b)(2)(A); see also Landry v. Commissioner, supra.                      
               Petitioner’s inability to obtain a credit or a refund of his           
          1995 overpayment is self-imposed and is the result of the appli-            
          cation of section 6511(b)(2)(A) to petitioner’s conduct in                  
          choosing not to file his 1995 return until March 13, 2000.  For             



               3Any tax withheld from a taxpayer’s wages is deemed paid by            
          the taxpayer on the 15th day of the fourth month following the              
          close of the taxable year with respect to which such tax is                 
          allowable as a credit under sec. 31.  See sec. 6513(b)(1).  Any             
          amount paid as estimated income tax for any taxable year is                 
          deemed to have been paid on the last day for filing the return              
          for such taxable year (determined without regard to any exten-              
          sions of time for filing such return).  See sec. 6513(b)(2).                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011