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* * * The Internal Revenue Service claims that there is
a statute of limitations on this issue. * * *
I had an overpayment of $ 11,404.[6] on my 1994 tax
return. I designated this money to be applied to my
1995 taxes and if there were more overpayments to
subsequent years. This money was confiscated by the
Internal Revenue Service as a refund. I am not allowed
to use this money to pay income taxes for years 1995-
1998. * * * All that I am asking is that I be able to
use the money that I sent to the Internal Revenue
Service to pay my taxes and not to have to pay my taxes
twice.
Petitioner does not dispute the existence or amount of the
underlying tax liability for 1997. Indeed, petitioner testified
at the time of trial: “I want to acknowledge the fact that I was
delayed in filing returns for 1995, ‘96, ‘97, ‘98; that I owed
tax for those years, penalties and interest”. Rather, petitioner
contends that he has two sources of overpayments–-the 1986
payment and the 1995 payment--to offset his unpaid Federal income
tax and related liabilities for 1997.7
6 At the time of trial, petitioner asserted that the source
of the overpayment for the 1994 taxable year was the 1995
payment.
7 Petitioner does not raise in his petition the issue
whether the $4,422 of excess credits from the 1996 taxable year
should be available to offset his outstanding liabilities for
1997. Any issue not raised in the petition as an assignment of
error shall be deemed to be conceded. Rule 331(b)(4). Even if
petitioner had raised the issue, we conclude that the look-back
provisions of sec. 6511(b), as we shall explain later, would bar
application of his 1996 overpayment to his outstanding
liabilities for 1997 when his return for that taxable year was
filed Oct. 3, 2001.
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