- 16 - undoubtedly had knowledge of the years under examination, but petitioners did not tell him that the subsequent year from which a loss would carry back was 1992, or identify the year or years, among those under examination to which the loss would be carried back, or, more importantly, give him any particulars of that loss other than that it was expected to be based on the cost of goods sold used in the criminal case against petitioner. To constitute a claim for refund, a taxpayer must give the Commissioner adequate notice of the grounds, including the factual basis, for the claim before the expiration of the period of limitations so that the Commissioner can, if he wishes, initiate an examination of the bona fides of the claim. See Estate of Mueller v. Commissioner, 107 T.C. 189, 213 (Beghe, J., dissenting), affd. 153 F.3d 302 (6th Cir. 1998); see also Am. Radiator & Standard Sanitary Corp. v. United States, 162 Ct. Cl. 106, 318 F.2d 915, 920 (1963).3 Petitioners did not, through the June 18 conversation, give respondent adequate notice that they had claims for refund or of the grounds underlying such claims. 3 The facts of this are distinguishable from those of Am. Radiator & Standard Sanitary Corp. v. United States, 162 Ct. Cl. 106, 318 F.2d 915, 921 (1963), in which the Court of Claims found an informal claim for refund with respect to retroactive inventory adjustments where the revenue agent had knowledge of the taxpayer’s desire for a refund, the approximate total amount of the refund expected, and the cost of the later year inventory replacement giving rise to the earlier year adjustments and refunds. The equivalent of that last component is missing in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011