- 8 -
well as the first permissible date for filing a suit for, the
claimed credit for overpayment. See sec. 6532.
Payment for Tax Year 1997
Because petitioners do not challenge the validity of the
underlying tax liability for 1997, the Court reviews respondent's
determination as to that year only for abuse of discretion. See
Sego v. Commissioner, supra.
Petitioners filed their 1997 return on October 15, 1998,
with a remittance of $1,100 but showing a tax due of $12,965.
The return claimed a withholding tax credit of $675 and an amount
of "1997 estimated tax payments and amount applied from 1996
return" of $11,190. Carl Brandon (petitioner) testified that the
liability for 1997 should have been satisfied by the "carry-
forward" of the "backup withholding" for 1995 and 1996.
Petitioners filed returns showing estimated tax payments of
$11,062 for 1995 and $4,908 for 1996. Petitioners claimed
refunds of $6,105 for 1995 and $5,085 for 1996, "but they never
came", petitioner testified. According to petitioner, "I then
requested that they be applied to the 1997 return in my April 15,
1998, letter." The sum of the net amounts shown on the returns
as refunds due to petitioners for 1995 and 1996 is $11,190.
Forms 4340, Certificates of Assessments, Payments, and Other
Specified Matters, were stipulated by the parties. The forms for
1995 and 1996 show no indication of the "backup withholding" for
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011