Simon L. and Patricia M. Richard - Page 18

                                       - 17 -                                         
          period of limitations on assessment, and the document tends to              
          disprove respondent's contention that the period of limitations             
          was lawfully extended beyond April 15, 1995.  We therefore                  
          conclude on this record that the period of limitations on                   
          assessment for 1991 expired before the quick assessment was                 
          made.13  The 1991 liability was therefore extinguished on April             
          15, 1995, before petitioners' 1995 and 1996 overpayments were               
          applied to it.  See Hoffman v. Commissioner, 119 T.C. 140, 150              
          (2002); Diamond Gardner Corp. v. Commissioner, supra at 879-881.            
          The same is true regarding associated interest or penalties.  See           
          Hoffman v. Commissioner, supra.                                             
               As a consequence, petitioners' 1995 and 1996 overpayments              
          are available to satisfy liabilities in years other than 1991.              
          Petitioners filed timely returns for 1995 and 1996 (which                   
          respondent accepted as his basis for concluding there were                  
          overpayments in those years).  Petitioners' returns constituted             
          timely claims for refund of those overpayments.  See sec.                   
          301.6402-3(a)(5), Proced. & Admin. Regs.  Respondent's purported            
          application of the overpayments to the extinguished 1991                    


               13 The Form 4340 for 1991 in addition records assessments in           
          1998 and 1999, after the purported extension of the period of               
          limitations to Sept. 12, 1995.  There is no entry on the Form               
          4340 suggesting any additional extension of the limitations                 
          period beyond the purported Sept. 12, 1995, extension.  Any such            
          subsequent extension would in any event also be invalid.                    
          Respondent has not addressed these assessments, totaling                    
          $1,217.36, but they are likewise invalid because untimely.                  





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