- 16 - made the overpayment” and, subject to certain limitations, refund any balance to the person. In lieu of a refund, a taxpayer can instruct the IRS to credit his overpayment against the estimated tax for the taxable year immediately succeeding the year of the overpayment. Sec. 301.6402-3(a)(5), Proced. & Admin. Regs. It is well settled that the IRS need only refund, or apply to the taxpayer’s estimated tax, that portion of the overpayment that exceeds the taxpayer’s “outstanding liability for any tax”. Sec. 301.6402-3(a)(6)(i), Proced. & Admin. Regs.; see N. States Power Co. v. United States, 73 F.3d 764, 767 (8th Cir. 1996) (quoting United States v. Ryan, supra at 1523 (“[Section 6402], ‘plainly gives the IRS the discretion to apply overpayments to any tax liability’”)); Pettibone Corp. v. United States, 34 F.3d 536, 538 (7th Cir. 1994) (section 6402(a) “leaves to the Commissioner’s discretion whether to apply overpayments to delinquencies or to refund them to the taxpayer”); Kalb v. United States, 505 F.2d 506, 509 (2d Cir. 1974) (rejecting the argument that because the tax overpayment was voluntary, the IRS was bound to comply with the taxpayer’s direction about how to apply that payment; section 6402(a) “clearly gives the IRS discretion to apply a refund to ‘any liability’ of the taxpayer”). Respondent’s application of petitioner’s 2000 overpayment to petitioner’s 1994 tax liability falls within respondent’sPage: 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