- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011