- 6 - petitioner’s total tax payments for 1995 exceeded the tax imposed for that year. See Bachner v. Commissioner, supra at 129; Stephenson v. Commissioner, T.C. Memo. 1995-32. Of the $4,087 total tax imposed on petitioner for 1995, $2,578 has been satisfied by tax payments that were withheld from his wages in 1995. No other payments were made with respect to his 1995 taxable year after issuance of the notice of deficiency. On his 1994 return, petitioner sought to credit his $1,759 overpayment for 1994 against his estimated tax for 1995 and maintains in this proceeding that he is entitled to do so. Respondent argues that petitioner may not credit his 1994 overpayment against his estimated tax for 1995 because petitioner did not claim a credit for the overpayment within the applicable period of limitations. We agree with respondent. Section 6402 and the regulations thereunder govern respondent’s authority to credit income tax overpayments against the estimated income tax for the succeeding taxable year. Respondent’s authority to do so is specifically limited to allowing credits of overpayments for which a claim has been filed within the applicable period of limitations. See sec. 6402(a) and (b); secs. 301.6402-2(a)(1) and 301.6402-3(a)(5), Proced. & Admin. Regs. Section 6511, governing the period of limitations for claiming credits and refunds, provides that where no return has been filed, a taxpayer must make a claim for an overpaymentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011