Gary R. Greulich - Page 6

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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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