- 13 - section 6513(b)(2), which, by virtue of that status, constitutes a payment as a matter of law. In so doing, we declined to follow England v. United States, 760 F. Supp. 186 (D. Kan. 1991), and Batton v. United States, 60 AFTR 2d 87-5983, 87-2 USTC par. 9622 (D. Md. 1987), in which the respective courts accepted that argument based on the reference to “amount properly estimated as tax” in section 1.6081-4(a)(4), Income Tax Regs.7 In particular, we stated: We conclude that the language “amount properly estimated as tax” under section 1.6081-4(a)(4), Income Tax Regs., is not synonymous with, nor covered by, the language regarding estimated tax payments under sections 6015[8] and 6513(b)(2). The operative provision, therefore, of section 6513(b)(2) (that deems any and all payments of estimated taxes as paid, as a matter of law, as of the due date of the related income tax returns) is not applicable to petitioners’ remittance under section 1.6081-4(a)(4), Income Tax Regs., of the $25,000 submitted with petitioners’ Form 4868 extension request. Risman v. Commissioner, supra at 202. We looked instead to the 7 In an earlier case, the Court of Appeals for the Tenth Circuit had concluded, without specific reference to the language of sec. 1.6081-4(a)(4), Income Tax Regs., that sec. 6513(b)(2) applied to the Form 4868 remittance at issue in that case. Weigand v. United States, 760 F.2d 1072, 1074 (10th Cir. 1985). We construed Weigand as assuming, without holding, that a Form 4868 remittance is a payment of estimated income tax within the purview of sec. 6513(b)(2). Risman v. Commissioner, 100 T.C. 191, 200 n.4 (1993). The district court in England v. United States, 760 F. Supp. 186 (D. Kan. 1991) (which was appealable to the Tenth Circuit) apparently had reached the same conclusion, as it did not rely on Weigand in its analysis. 8 Former sec. 6015 required individuals in certain circumstances to file annual declarations of estimated income tax.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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