Thomas Francis Morris - Page 5

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          date the deficiency notice was mailed.  See secs. 6511(b)(2),2              
          6512(b)(3)(B); Commissioner v. Lundy, 516 U.S. 235, 243-244                 
          (1996); Hart v. Commissioner, T.C. Memo. 1999-186; Stevens v.               
          Commissioner, T.C. Memo. 1996-250.                                          
               In general a taxpayer bears the burden of proof.  See Rule             
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  The burden           


               2  Sec. 6511(a) generally provides that a claim for credit             
          or refund of an overpayment of tax must be filed by the taxpayer            
          within 3 years from the time the return was filed or within 2               
          years from the time the tax was paid, whichever period expires              
          later.  Sec. 6511(a) also expressly provides that, if no return             
          is filed, the claim must be filed within 2 years from the time              
          the tax was paid.  Sec. 6511(b)(2) provides limitations on the              
          amount of any credit or refund as follows:                                  
               (2) Limit on amount of credit or refund.--                             
                    (A)  Limit where claim filed within 3-year                        
               period.--If the claim was filed by the taxpayer during                 
               the 3-year period prescribed in subsection (a), the                    
               amount of the credit or refund shall not exceed the                    
               portion of the tax paid within the period, immediately                 
               preceding the filing of the claim, equal to 3 years                    
               plus the period of any extension of time for filing the                
               return.  If the tax was required to be paid by means of                
               a stamp, the amount of the credit or refund shall not                  
               exceed the portion of the tax paid within the 3 years                  
               immediately preceding the filing of the claim.                         
                    (B)  Limit where claim not filed within 3-year                    
               period.--If the claim was not filed within such 3-year                 
               period, the amount of the credit or refund shall not                   
               exceed the portion of the tax paid during the 2 years                  
               immediately preceding the filing of the claim.                         
                    (C)  Limit if no claim filed.--If no claim was                    
               filed, the credit or refund shall not exceed the amount                
               which would be allowable under subparagraph (A) or (B),                
               as the case may be, if claim was filed on the date the                 
               credit or refund is allowed.                                           





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