Janet S. Shapiro - Page 5




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          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.                                                                       





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