- 6 - provides: SEC. 6512(b)(3). Limit on amount of credit or refund.--No such credit or refund shall be allowed or made of any portion of the tax unless the Tax Court determines as part of its decision that such portion was paid-- * * * * * * * (B) within the period which would be applicable under section 6511(b)(2), (c), or (d), if on the date of the mailing of the notice of deficiency a claim had been filed (whether or not filed)* * * Although “not elegant,” the statutory scheme is straightforward. Commissioner v. Lundy, 516 U.S. 235, 242 (1996). “[A]ll that matters for the proper application of �6512(b)(3)(B) is that the ‘claim’ contemplated in that section be treated as the only mechanism for determining whether a taxpayer can recover a refund.” Id. at 242. Thus, the statute defines the limitation relevant here, by incorporating the “look-back” provisions found in section 6511(b) and “directs the Tax Court to determine the applicable period by inquiring into the timeliness of a hypothetical claim for refund filed ‘on the date of the mailing of the notice of deficiency.’”3 Id. at 242. “[A] taxpayer who 3Generally, sec. 6511 dictates the period in which a taxpayer must claim a refund or credit for overpaid taxes. The taxpayer must file a claim for refund “within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid.” Sec. 6511(a) and (b)(1); see Commissioner v. Lundy, 516 U.S. 235, 240 (1996).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011