- 11 - Radiator & Standard Sanitary Corp. v. United States, 162 Ct. Cl. 106, 318 F.2d 915, 920 (1963). The sparse record in this case establishes that the April 1996 letter notified respondent that petitioner believed he had overpaid his taxes for 1993 and 1994 and that he was entitled to a refund of those overpayments. The April 1996 letter, however, contained no description of the basis for petitioner’s refund claim. For a writing to qualify as an informal refund claim, the writing, evaluated with reference to the surrounding circumstances, must give the Commissioner adequate notice that the taxpayer is seeking a refund of taxes for specified years and of the basis for the claim. The relevant inquiry, therefore, is whether, under all the facts and circumstances, petitioner gave sufficient notice of the basis for his refund claim to respondent so that respondent could investigate the claim and make a determination on the merits. See, e.g., Turco v. Commissioner, T.C. Memo. 1997-564. In this case, we are presented with a factual record that is so inadequate we cannot fairly conclude that petitioner made an informal refund claim. Neither the April 1996 letter nor petitioner’s jointly filed income tax return for 1992 is an exhibit in this case. Although respondent agrees the April 1996 letter was sent and does not dispute that the contents of the April 1996 letter are as described by petitioner and his wife atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011