- 5 - If the claim was not filed within that 3-year period, the taxpayer is entitled to a refund of only those taxes paid during the 2 years immediately preceding the filing of the refund claim. Sec. 6511(b)(2)(B). If no claim is filed, the credit or refund cannot exceed the amount that would be allowable under section 6511(b)(2)(A) or (B) if a claim were filed on the date the credit or refund is allowed. Sec. 6511(b)(2)(C). Moreover, in the case of any overpayment by a taxpayer, the Commissioner generally may, within the applicable period of limitations, credit the amount of such overpayment against any tax liability of that taxpayer. Sec. 6402(a). Petitioner’s 1997 joint Federal income tax return was filed on April 15, 1998.1 A refund claim was not filed within 3 years of the date of filing of the return. A payment on the 1997 tax liability was made on February 19, 2001, when the overpayment for 2000 was offset against the 1997 tax liability. Petitioner’s request for relief on Form 8857 was submitted on May 19, 2003. The claim for refund was not filed within 2 years of the February 19, 2001, payment. See Driggers v. Commissioner, T.C. Memo. 2004-76. 1For purposes of sec. 6511, a return filed before the last day for filing shall be considered as filed on the last day.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011