Thomas Francis Morris - Page 7

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          his overpayment is the direct result of his failure to file a               
          return and pursuant to the application of the above-described               
          provisions of the Internal Revenue Code.                                    
               We therefore hold that the statutorily imposed time                    
          limitations of sections 6511 and 6512 bar us from determining               
          that petitioner is entitled to a refund with respect to his 1999            
          tax.  See Commissioner v. Lundy, supra; Badger v. Commissioner,             
          T.C. Memo. 1996-314; Stevens v. Commissioner, supra.                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent as to the                 
                                             deficiency in the amount of              
                                             $9,344 and for respondent as             
          to the overpayment.                                                         



















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