- 9 - The only relevant issue raised by petitioner is whether the 1986 payment, the 1995 payment, or any overpayment associated with petitioner’s 1994 tax return constitutes a valid collection alternative to satisfy his unpaid Federal income tax and related liabilities for 1997. Respondent determined that none of these sources of payment is a valid collection alternative because the period of limitations under section 6511 expired so as to bar any credits or refunds. 3. Statute of Limitations Under Section 6511 A claim for credit or refund of an overpayment of any tax8 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). A taxpayer’s claim for credit or refund is timely if it is filed within 3 years from the date his income tax return is filed, regardless of when the return is filed. See Rev. Rul. 76-511, 1976-2 C.B. 428; see also Commissioner v. Lundy, 516 U.S. 235, 239-240 (1996); Omohundro v. United States, 300 F.3d 1065, 1069 (9th Cir. 2002). 8 The record clearly indicates that petitioner’s remittances to respondent in 1986 and 1995 constitute payments of tax and not deposits in the nature of a cash bond. Such a deposit is not subject to a claim for credit or refund. Rev. Proc. 84-58, 1984-2 C.B. 501.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011