- 2 - such individual is “financially disabled”. Sec. 6511(h)(2), I.R.C., provides that an individual is “financially disabled” if “such individual is unable to manage his financial affairs by reason of a medically determinable physical or mental impairment of the individual which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” Sec. 6511(h)(2), I.R.C., requires that the physical or mental impairment be that of the individual taxpayer rather than another individual. Accepting P’s factual allegations as true for purposes of this pending motion, sec. 6511(h), I.R.C., does not apply to suspend the running of the periods of limitation. Held, further, Because P did not file his 1996 income tax return prior to the notice of deficiency and did not pay his 1996 income taxes within 2 years of the mailing of the notice of deficiency, this Court lacks jurisdiction to award a refund or credit. See Commissioner v. Lundy, 516 U.S. 235, 240 (1996). Bruce L. Brosi, pro se. Frank A. Falvo, for respondent. OPINION RUWE, Judge: This matter is before the Court on respondent’s motion for summary judgment filed pursuant to Rule 121.1 The only issue in this case is whether petitioner’s claim for refund of an overpayment of his 1996 income tax is barred by the applicable period of limitations. In opposition to respondent’s motion, petitioner alleges facts that he argues would have suspended the running of the period of limitations 1Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code, as amended.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011