Perry C. Krape - Page 4

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          return does not constitute a claim for refund, and that the Court           
          is therefore precluded from determining a credit or refund of the           
          overpayment pursuant to section 6512(b)(3)(B).                              
               If a notice of deficiency is issued to a taxpayer for a                
          particular taxable period and the taxpayer files a timely                   
          petition in this Court claiming an overpayment for that taxable             
          period, that overpayment may be refunded or credited only as                
          provided in section 6512(b).  Sec. 6512(b); Jackson v.                      
          Commissioner, T.C. Memo. 2002-44; sec. 301.6512-1(a), Proced. &             
          Admin. Regs.  With respect to a taxpayer’s claim to an                      
          overpayment in a proceeding before this Court, the requirements             
          of section 6512(b) are jurisdictional.  Commissioner v. Lundy,              
          516 U.S. 235 (1996); Harlan v. Commissioner, 116 T.C. 31, 32 n.2            
          (2001).  Petitioner bears the burden of proving that his claimed            
          overpayments are refundable under section 6512(b).  Rule                    
               Section 6512(b)(3) limits the Court’s ability to order a               
          credit or refund of an overpayment.  Under section 6512(b)(3)(B),           
          if a notice of deficiency is mailed within 3 years from the time            
          the return was filed, the Court may order a credit or refund of             
          an overpayment if the overpayment was made within the 3-year                
          period immediately preceding the date of the mailing of the                 
          notice of deficiency, plus the period of any extension of time              
          for filing the return.  If the notice of deficiency was not                 

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