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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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