Janet S. Shapiro - Page 4

                                        - 3 -                                         
          credit petitioner with various itemized deductions in excess of             
          the standard deduction.                                                     
               At trial, the parties agreed that the deficiency in tax is             
          $4,168, and that petitioner is entitled to a withholding credit             
          of $10,769.  Petitioner, however, argues that she is entitled to            
          a refund in the amount of $6,601.                                           
               Pursuant to section 6512(b)(1), we have jurisdiction to                
          determine the existence and amount of any overpayment of tax to             
          be credited or refunded for years that are properly before us.              
          However, if a taxpayer did not file a return before the notice of           
          deficiency was mailed, the amount of the credit or refund is                
          limited to the taxes paid during the 2-year period prior to the             
          date the deficiency was mailed.  See secs. 6511(b)(2),2                     

               2    Sec. 6511(a) generally provides that a claim for credit           
          or refund of an overpayment of tax must be filed by the taxpayer            
          within 3 years from the time the return was filed or within 2               
          years from the time the tax was paid, whichever period expires              
          later.  Sec. 6511(a) also expressly provides that, if no return             
          is filed, the claim must be filed within 2 years from the time              
          the tax was paid.  Sec. 6511(b)(2) provides limitations on the              
          amount of any credit or refund as follows:                                  
               (2) Limit on amount of credit or refund.--                             
                    (A)  Limit where claim filed within 3-year                        
               period.--If the claim was filed by the taxpayer during                 
               the 3-year period prescribed in subsection (a), the                    
               amount of the credit or refund shall not exceed the                    
               portion of the tax paid within the period, immediately                 
               preceding the filing of the claim, equal to 3 years                    
               plus the period of any extension of time for filing the                
               return.  If the tax was required to be paid by means of                
               a stamp, the amount of the credit or refund shall not                  

Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011