- 3 - penalties for tax years 1999, 2000, and 2001. On May 26, 2005, petitioner petitioned this Court for a redetermination of the above-mentioned determination. On November 20, 2006, the parties filed a stipulation of settled issues (the stipulation) with the Court. The stipulation resolved substantially all of the issues in the notice of deficiency. Particularly, the parties now agree that petitioner has an overpayment of tax for tax year 2000 in the amount of $129,656. The parties also agree that petitioner is allowed a refund of $23,805 of that overpayment, representing the additional payment petitioner made on January 30, 2003. The parties agree that the only issue that remains for our determination is whether petitioner is barred from recovering the remaining portion of the above-mentioned overpayment (amounting to $105,851) pursuant to section 6512.1 Discussion Petitioner objects to respondent’s motion for entry of decision in accordance with the stipulation. Petitioner argues that the delinquent return forms the basis of a claim for refund, and that petitioner is therefore entitled to a refund or credit of the above-mentioned overpayment of $129,656 pursuant to section 6512(b)(3)(C). Respondent contends that the delinquent 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007