- 13 - 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 andPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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