Llwellyn Greene-Thapedi - Page 19

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          generally limited to the portion of the tax paid within the 3               
          years immediately before the claim was filed; (2) for claims not            
          filed within 3 years of filing the return, the refund is                    
          generally limited to the portion of the tax paid during the 2               
          years immediately before the claim was filed.  See Commissioner             
          v. Lundy, 516 U.S. 235, 240 (1996).  Section 6512(b)(3) generally           
          incorporates these rules where taxpayers who challenge deficiency           
          notices in Tax Court are found to be entitled to refunds.                   
               By contrast, section 6330 incorporates no such limitations             
          on the allowance of tax refunds or credits.  There is no                    
          indication that in enacting section 6330, Congress intended, sub            
          silentio, to provide taxpayers a back-door route to tax refunds             
          and credits free of these longstanding and well-established                 
          limitations.  Nor, in light of the detailed and comprehensive               
          codification of such limitations in sections 6511 and 6512(b), do           
          we believe that Congress would have intended that such                      
          limitations should arise by inference in section 6330 with                  
          respect to claims for tax refunds or credits as to which our                
          jurisdiction would similarly arise under section 6330, if at all,           
          only by inference.  Consequently, we are led to the conclusion              
          that Congress did not intend section 6330 to provide for the                
          allowance of tax refunds and credits.                                       
               Petitioner’s claim for a refund is based at least partly on            
          her claim that she does not owe at least some of the assessed               






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