- 8 - (B) the amounts previously assessed (or collected without assessment) as a deficiency, over–- (2) the amount of rebates, as defined in subsection (b)(2), made. Petitioners contend that the payments in issue fall within the parenthetical language of section 6211(a)(1)(B), “(or collected without assessment)”. We disagree. Petitioners’ argument ignores the language immediately following the parenthetical phrase; i.e., “as a deficiency”. Petitioners contend that they intended the payments in issue to be estimated tax payments for taxable year 2002. At the time petitioners made the payments in issue, they had not even filed their 2002 tax return. Section 6211(b) provides that, for purposes of that section, the tax imposed by subtitle A and the tax shown on the return “shall both be determined without regard to payment on account of estimated tax”. See Mackey v. Commissioner, T.C. Memo. 2004-70; Malachinski v. Commissioner, T.C. Memo. 1999-182, affd. 268 F.3d 497 (7th Cir. 2001); see also sec. 301.6211-1(b), Proced. & Admin. Regs. (“Payments on account of estimated income tax * * * shall likewise be disregarded in the determination of a deficiency.”). We therefore conclude that the payments in issue were estimated tax payments and not amounts assessed (or collected without assessment) as a deficiency pursuant to sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011