Roxie Lee Jackson - Page 9




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               Respondent argues that the April 1996 letter petitioner                
          mailed to the Internal Revenue Service Center did not qualify as            
          a refund claim for several reasons.  The April 1996 letter did              
          not satisfy the technical requirements for a formal refund claim.           
          Petitioner did not sign the letter under penalties of perjury.              
          The April 1996 letter did not set forth in detail each ground               
          upon which a claim for refund was being made or the exact basis             
          for the claim.                                                              
               Under regulations promulgated by the Secretary, a properly             
          prepared claim for refund (formal refund claim) must satisfy                
          certain requirements.  Secs. 301.6402-2 and 301.6402-3, Proced. &           
          Admin. Regs.7  Although respondent correctly points out that the            
          April 1996 letter does not satisfy the requirements of a formal             


               7They include the following:                                           
               (1)  The claim must be in writing.  For taxes other than               
          income tax, the claim must be on Form 843.  Sec. 301.6402-2(c),             
          Proced. & Admin. Regs.  For income taxes, any claim for refund              
          must be made on the appropriate income tax return or amended                
          income tax return.  Sec. 301.6402-3(a), Proced. & Admin. Regs.              
               (2) The claim must set forth in detail each ground upon                
          which a refund is claimed and facts sufficient to apprise the               
          Commissioner of the basis of the refund.  Sec. 301.6402-2(b)(1),            
          Proced. & Admin. Regs.                                                      
               (3) The claim must be verified by a written declaration that           
          it is made under penalties of perjury.  Id.  If a claim is                  
          executed by an agent of the taxpayer, a power of attorney must              
          accompany the claim.  Sec. 301.6402-2(e), Proced. & Admin. Regs.            
               (4) With respect to income tax (and other taxes not relevant           
          here), a separate claim is required for each taxable period.                
          Sec. 301.6402-2(d), Proced. & Admin. Regs.                                  




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