- 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 thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011