- 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