- 5 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011