James Wilson Richmond, Jr. - Page 14

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          respondent was not required to issue a notice of deficiency, and            
          the taxes were properly assessed.                                           
               Petitioner filed his 1999 return on August 21, 2001.  The 3-           
          year period for assessing additional tax for petitioner for 1999            
          has expired.  See sec. 6501(a).  Hence, respondent may collect              
          only the amount previously assessed.                                        
               2.   Overstatement of Estimated Taxes                                  
               A deficiency for a given year is the correct amount of tax             
          less the amount shown as tax on the tax return.  Sec. 6211(a);              
          Laing v. United States, 423 U.S. 161, 173 (1976).  Both the                 
          correct amount of tax and the amount shown on the return are                
          computed without regard to credits for estimated tax payments.              
          Secs. 31, 6211(a) and (b)(1); sec. 301.6211-1(b), Proced. &                 
          Admin. Regs.  An assessment by the Commissioner of tax greater              
          than that reported on the return attributable to a taxpayer’s               
          overstatement of estimated tax payments is not a deficiency                 
          within the meaning of section 6211.  See Hutchinson v. United               
          States, 677 F.2d 1322, 1326 (9th Cir. 1982); Judge v.                       
          Commissioner, 88 T.C. 1175, 1183 (1987); Bregin v. Commissioner,            
          74 T.C. 1097 (1980); Keefe v. Commissioner, 15 T.C. 947, 955                
          (1950).                                                                     
               If a tax return or claim for refund of income taxes under              
          subtitle A of the Internal Revenue Code contains an overstatement           
          of the amount paid as estimated income tax, the overstated amount           






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