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ceiling limitation on the amount of an allowable refund or
credit. Commissioner v. Lundy, 516 U.S. 235, 239-240 (1996).
As applicable here, petitioner must file a claim for credit
or refund “of an overpayment * * * within 3 years from the time
the return was filed”. Sec. 6511(a). Respondent concedes that
petitioner timely filed a claim for credit on December 13, 1998.
If, however, the claim was filed “during the 3-year period * * *
the amount of the credit or refund shall not exceed the portion
of the tax paid within the period, immediately preceding the
filing of the claim, equal to 3 years plus the period of any
extension of time for filing the return.” Sec. 6511(b)(2)(A).
Respondent granted petitioner a 6-month extension to file
his 1992 return. Petitioner filed the claim for credit on
December 13, 1998. As a result, petitioner’s available credit
for the tax paid is limited to the portion of the tax paid within
3 years and 6 months before he filed the claim for credit, or
between June 13, 1995 and December 13, 1998. Petitioner’s
payment of $7,000 was deemed paid on April 15, 1993, see sec.
6513,4 long before the “look-back” period. See also Tedokon v.
4 By marking “1040 92" on the memo line of his check
petitioner intended the $7,000 remittance to constitute a tax
payment, and not a deposit in the nature of a cash bond. See
Risman v. Commissioner, 100 T.C. 191 (1993); Maxon v.
Commissioner, T.C. Memo. 1994-494; Gabelman v. Commissioner, T.C.
Memo. 1993-592, affd. 86 F.3d 609 (6th Cir. 1996). Respondent
treats remittances sent with a Form 4868 extension request as
remittances of estimated tax payments. See Action on Decision
1997-006 (May 5, 1997), 1997-1 C.B. 1.
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