- 6 - petitioner to pay 20 percent of his monthly gross receipts to respondent to “be applied to current year’s estimated tax.” Payment of estimated tax by a taxpayer constitutes payment on account of the taxpayer’s current year tax liability as reported by the taxpayer on the taxpayer’s return. Sec. 6315; see sec. 6654.5 See also In re Ripley, 926 F.2d 440, 441-442 (5th Cir. 1991), for a brief, general discussion of the estimated tax payment procedure. Once such reported liability is paid, any excess payment constitutes an overpayment, which may be refunded to the taxpayer or applied by the Commissioner to any outstanding liability owed by the taxpayer. See sec. 6402. In this regard, the Installment Agreement expressly authorizes respondent to apply any refund that might otherwise be payable to any outstanding liability covered by the agreement. Here, petitioner made payments pursuant to the Installment Agreement in 1997 that respondent properly treated as payments of estimated tax for 1997. Petitioner then filed his 1997 return and claimed an overpayment because estimated tax payments (plus withheld income tax) exceeded his reported tax liability. Respondent allowed the claim (after adjusting the amount to correct for certain mathematical or clerical errors made by petitioner). Then, acting pursuant to section 6402, respondent 5 All section references are to the Internal Revenue Code in effect for 1997, the taxable year in issue.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011