Thomas Francis Morris - Page 4

                                        - 3 -                                         
               At some later point, petitioner presented information with             
          respect to itemized deductions, and the parties appear to agree             
          that the deficiency is $9,344 and that there was excess                     
          withholding for 1999 in the amount of $5,783.                               
               Because the parties agree that petitioner’s withholding                
          credits exceed the amount of tax due as redetermined, the                   
          question is whether petitioner is entitled to a refund of an                
          overpayment in the amount of $5,783 for the 1999 taxable year.              
          The only issue related to this overpayment is whether it is time            
          barred by section 6511(b)(2).                                               
               Petitioner claims that he is entitled to a determination of            
          an overpayment of his 1999 Federal income tax and that the                  
          overpayment should be refunded to him.  Respondent contends that            
          petitioner is not entitled to a refund of an overpayment because            
          of the limitations of sections 6511 and 6512(b).  In response,              
          petitioner asserts that respondent deliberately timed the notice            
          of deficiency so as to prevent petitioner from obtaining credit             
          for the overpayment of tax.                                                 
               Pursuant to section 6512(b)(1), we have jurisdiction to                
          determine the existence and amount of any overpayment of tax to             
          be credited or refunded for years that are properly before us.              
          However, if a taxpayer did not file a return before the notice of           
          deficiency was mailed, the amount of the credit or refund is                
          limited to the taxes paid during the 2-year period prior to the             






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011