Cindy Driggers - Page 5

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          or rule of law (other than section 6511, 6512(b), 7121, or                  
          7122)”.  Respondent asserts that the refund of the overpayment is           
          barred under section 6511 since the claim was made more than 3              
          years after the return was filed and more than 2 years from the             
          time the tax was paid.  Petitioner does not appear to dispute the           
          facts or respondent’s assertion, but argues that the Internal               
          Revenue Code is unfair and inconsistent.                                    
               A claim for credit or refund of an overpayment of any tax              
          shall be filed by the taxpayer within 3 years from the time the             
          return was filed or 2 years from the time the tax was paid,                 
          whichever of those periods expires later, or if no return was               
          filed by the taxpayer, within 2 years from the time the tax was             
          paid.  Sec. 6511(a).                                                        
               The amount of credit or refund is not unlimited and is                 
          subject to two “look-back” periods.  Commissioner v. Lundy, 516             
          U.S. 235, 239-240 (1996).  Under the 3-year look-back period, if            
          the claim was filed within 3 years of the filing of the return,             
          then the taxpayer is entitled to a refund of taxes paid within 3            
          years immediately preceding the filing of the claim, plus the               
          period of any extension of time for filing the return.  Sec.                
          6511(b)(2)(A).  Under the 2-year look-back period, if the claim             
          was not filed within that 3-year period, then the taxpayer is               
          entitled to a refund of only those taxes paid during the 2 years            
          immediately preceding the filing of the refund claim.  Sec.                 






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