- 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.
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