Rodney L. Burr - Page 13




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          overpayment.  Moreover, the Supreme Court has recently reiterated           
          that the provisions of section 6511, establishing the period of             
          limitations for recovering overpayments, are to be strictly                 
          construed, see United States v. Brockamp, 519 U.S. 347, 352-354             
          (1997), and Congress, after recently scrutinizing section 6511,             
          has seen fit to change it only in circumstances for which                   
          petitioner would not qualify.  See sec. 6511(h), enacted by                 
          Internal Revenue Service Restructuring and Reform Act of 1998               
          (RRA 1998), Pub. L. 105-206, sec. 3202(a), 112 Stat. 740                    
          (relaxation of limitations period where taxpayer physically or              
          mentally impaired); sec. 6512(b)(3), amended by Taxpayer Relief             
          Act of 1997, Pub. L. 105-34, sec. 1282(a), 111 Stat. 1037 (3-               
          rather than 2-year “look-back” period where no return filed and             
          deficiency notice issued in third year after return due).                   
               A second allegation made by petitioner is that respondent              
          acted improperly in this case by asserting deficiencies for 1995            
          and 1996 that he knew or should have known were far in excess of            
          what petitioner rightfully owed and then sought to use the Tax              
          Court process to “extort” money from petitioner.                            
               Our review of the entire record in this case does not                  
          indicate that respondent has acted improperly.  We see nothing              
          improper in the original deficiency determinations.  Petitioner             
          was treated the same as any nonfiler:  respondent computed the              
          deficiencies based on information returns from third parties and            






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