- 13 - Petitioner asserts a claim for equitable relief. The December 14, 1998, “REQUEST FOR YOUR TAX RETURN” notice sent by respondent listed a credit balance of $11,807 and asked for an explanation as to how petitioner wanted the credit balance handled. Petitioner asserts that respondent should therefore be estopped from denying application of the credit for overpayment to his tax liabilities for years subsequent to 1991. We are bound by the strict terms of the statutory provisions limiting refunds or credits for overpayments to those claimed within the time limitations of section 6511. United States v. Brockamp, 519 U.S. 347, 352-354 (1997)(finding that Congress did not intend courts to read equitable exceptions into section 6511); Landry v. Commissioner, 116 T.C. at 62-63. Equitable relief is therefore unavailable to petitioner. We said in Allen v. Commissioner, 99 T.C. 475, 480 (1992), affd. without published opinion 23 F.3d 406 (6th Cir. 1994), that As is true in many of the cases in this field, the result may seem harsh in view of an actual overpayment, but * * * [taxpayer] failed to file his income tax return more promptly, and the statute is precise. The unhappy result for * * * [taxpayer] is the consequence of a “problem of * * * [his] own creation”. * * * The situation is not an unfamiliar one, and has been before us in a variety of other circumstances. [Citations omitted.] Unfortunately for petitioner, these words apply with equal force in his case. The bar against application of any part of his overpayment of 1991 estimated tax to later years is a situationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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