- 3 - Petitioner did not file a 1999 Federal income tax return. His taxable income for that year totaled $874, all from interest earned on his savings accounts. The payors of that interest notified respondent that they had paid this interest to petitioner as income and that they had withheld $270 of it as Federal income tax. Respondent was also notified by a brokerage firm that petitioner had during 1999 received $212,029 from brokerage sales. Respondent determined in the relevant notice of deficiency mailed to petitioner on February 27, 2003, that petitioner’s 1999 gross income included both the $212,029 and the $874. Respondent has since conceded that none of the $212,029 was so includable and that petitioner has overpaid his 1999 Federal income tax by the withheld amount of $270. OPINION Petitioner seeks the $270 that he overpaid for 1999. Respondent argues that petitioner is not entitled to that amount because, respondent states, none of it was paid within the 2-year period of section 6511(a). We conclude that petitioner is entitled to the $270 overpayment. Section 6512(b)(1) empowers this Court to determine the existence and amount of any overpayment of tax to be refunded for a year before us. Under section 6512(b)(3)(B), however, we may not award a refund in a case such as this unless we determinePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011