- 11 - previously noted, section 6402(b) incorporates a requirement that any claim for a credit or refund must be filed within the section 6511 period of limitations applicable to claims for overpayment credits. Thus, section 6513(d) operates only where a credit for an overpayment has been claimed within the applicable period of limitations. That section is of no help to petitioner.3 Based on the foregoing, we conclude that petitioner does not have an overpayment in his 1995 taxable year. Because any credit of the 1994 overpayment against petitioner’s estimated tax for 1995 is time-barred, petitioner’s payments with respect to 1995 consist solely of the $2,578 withheld from his wages in that year. The parties agree that the tax imposed on petitioner for 1995 is $4,087. Therefore the deficiency for that year is $4,087; i.e., the amount by which the tax imposed exceeds the amount shown on the return. The amount shown on the return for this purpose is zero where no return is filed prior to issuance of the notice of deficiency. See Laing v. United States, 423 U.S. 161, 173 (1976); Hartman v. Commissioner, 65 T.C. 542, 546 (1975); sec. 301.6211-1(a), Proced. & Admin. Regs. Accordingly, 3 Petitioner’s notion that the “payment carryforward” he finds authorized in sec. 6513(d) is not a “credit” of an “overpayment” as those terms are used in the Code is belied by the express terms of that section. Sec. 6513(d) refers to an “overpayment” that is claimed as a “credit” in accordance with sec. 6402(b). This latter section is itself expressly concerned with the “Authority to make credits or refunds * * * [in] the case of any overpayment”. Sec. 6402.Page: 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