- 9 - this case, the U.S. Court of Appeals for the Ninth Circuit decided Omohundro v. United States, 300 F.3d 1065 (9th Cir. 2002), in which the court announced that “we are no longer bound by Miller. Accordingly, we hold that under I.R.C. sec. 6511(a), a taxpayer’s claim for credit or a refund is timely if it is filed within three years from the date his income tax return is filed, regardless of when the return is filed.” Id. at 1069. In Miller, the Court of Appeals for the Ninth Circuit had held that a taxpayer must file a return within 2 years of payment of the taxes to recover a refund or credit; otherwise, no claim could ever be finally barred by the 2-year-after-payment clause of section 6511(a). Also, the court stated in Omohundro that its construction of section 6511(a) in Miller was necessary to prevent forum shopping under a version of section 6512(b)(3) no longer in effect. In Omohundro v. United States, supra, the court further stated that “In deciding Miller, we did not consider Revenue Ruling 76-511 which was directly on point and in effect at the time.” Id. at 1067. After Miller v. United States, supra, was decided in 1994, the Supreme Court’s decision in United States v. Mead Corp., 533 U.S. 218 (2001), intervened. The court in Omohundro observed: In United States v. Mead Corp., the Supreme Court held that an administrative agency’s interpretation of a statute contained in an informal rulemaking must be accorded the level of deference set forth in SkidmorePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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