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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 overpayment
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