- 4 - 6512(b)(3)(B); Commissioner v. Lundy, 516 U.S. 235, 243-244 (1996); Hart v. Commissioner, T.C. Memo. 1999-186; Stevens v. Commissioner, T.C. Memo. 1996-250. The only tax payments petitioner made for 1996 were withholding credits. Such credits are deemed to have been paid as of April 15, 1997. See sec. 6513(b)(1).3 Since the withholding taxes were paid more than 2 years before the notice of deficiency was mailed, petitioner is not entitled to a refund of any part of an overpayment for 1996. The statutorily imposed time limitations of sections 6511 and 6512 bar us from 2(...continued) exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim. (B) Limit where claim not filed within 3-year period.--If the claim was not filed within such 3-year period, the amount of the credit or refund shall not exceed the portion of the tax paid during the 2 years immediately preceding the filing of the claim. (C) Limit if no claim filed.--If no claim was filed, the credit or refund shall not exceed the amount which would be allowable under subparagraph (A) or (B), as the case may be, if claim was filed on the date the credit or refund is allowed. 3 Petitioner testified that she filed an extension of time to file her income tax return. Petitioner did not present a copy of the request for extension. Assuming an extension of time to file the 1996 return was in effect, such an extension of time is not given any effect in determining the last day prescribed for filing a return and will not operate to change the payment date of Apr. 15, 1997. See sec. 301.6513-1(a), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011