Belinda Landrea Dennard - Page 5

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          v. Commissioner, 114 T.C. 324, 326-328 (2000).  Here, respondent            
          determined that petitioner is entitled to relief under section              
          6015(b).  Since petitioner is entitled to relief under section              
          6015, petitioner “wants all her money back”.                                
               Section 6015(g)(1) provides that in general, a credit or               
          refund shall be allowed to the extent it is attributable to the             
          operation of section 6015, except to the extent that it may be              
          affected by other specified sections, including sections 6511 and           
          6512(b).  Respondent asserts that the refund for 1997, paid by              
          offset of the overpayment for 2000, is barred under section 6511            
          since the claim for refund was made more than 3 years after the             
          return was filed and more than 2 years from the time the tax was            
          paid.  The Court agrees with respondent.                                    
               The amount of credit or refund is subject to two "look-back"           
          periods.  Commissioner v. Lundy, 516 U.S. 235, 239-240 (1996).  A           
          claim for credit or refund of an overpayment of any tax shall be            
          filed by the taxpayer:  (1) Within 3 years from the time the                
          return was filed, or (2) within 2 years from the time the tax was           
          paid, whichever of those periods expires later.  Sec. 6511(a).              
          Under the 3-year look-back period, if the claim was filed within            
          3 years of the filing of the return, then the taxpayer is                   
          entitled to a refund of taxes paid within 3 years immediately               
          preceding the filing of the claim, plus the period of any                   
          extension of time for filing the return.  Sec. 6511(b)(2)(A).               






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