- 12 - Under certain circumstances, the period of limitations under section 6511(a) may be tolled or the harshness of the statute may be mitigated. If the taxpayer is “financially disabled” as defined under section 6511(h)(2), then the running of the periods specified in section 6511 may be suspended. Sec. 6511(h)(1). Otherwise, the period of limitations under section 6511(a) may not be tolled on grounds of equity. United States v. Brockamp, 519 U.S. 347, 354 (1997); Kreiger v. United States, 539 F.2d 317, 320-321 (3d Cir. 1976). In the alternative, section 6511 may be mitigated under the provisions of sections 1311 through 1314 or by application of the judicial doctrines of recoupment, setoff, and estoppel. See, e.g., Allison v. United States, 379 F. Supp. 490, 496-497 (M.D. Pa. 1974) (regarding mitigation provisions of sections 1311 through 1314). In the present case, there is no evidence of financial disability warranting tolling of the periods of limitation under section 6511. Nor is there any evidence of circumstances warranting application of either the mitigation provisions or the judicial doctrines of recoupment, setoff, and estoppel. Accordingly, we conclude that section 6511 bars application of the 1986 payment, the 1995 payment, or any overpayments associated with the 1994 return to petitioner’s outstandingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011