Harris Rabinovich - Page 10

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               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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