- 14 - 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 amountPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011