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the overpayment, and the overpayment amount must be credited or
refunded to the taxpayer after the decision has become final.
Section 6512(b)(3) limits the amount of the credit or refund,
however. Section 6512(b)(3) provides that no credit or refund of
any portion of the tax shall be allowed or made unless the Tax
Court determines as part of its decision that such portion was
paid–-
(A) after the mailing of the notice of deficiency,
(B) within the period which would be applicable under
section 6511(b)(2), (c), or (d), if on the date of the
mailing of the notice of deficiency a claim had been
filed (whether or not filed) stating the grounds upon
which the Tax Court finds that there is an overpayment,
or
(C) within the period which would be applicable under
section 6511(b)(2), (c), or (d), in respect of any claim
for refund filed within the applicable period specified
in section 6511 and before the date of the mailing of the
notice of deficiency–-
(i) which had not been disallowed before
that date,
(ii) which had been disallowed before that
date and in respect of which a timely suit for
refund could have been commenced as of that
date, or
(iii) in respect of which a suit for refund
had been commenced before that date and within
the period specified in section 6532.
No portion of either overpayment was paid within the period
described in section 6512(b)(3)(A) or (B). In this case, the
overpayments in question were made before the date the notices of
deficiency were mailed and outside the periods which would be
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Last modified: May 25, 2011