- 6 - As it relates to the case before us, section 6512(b)(3)(C) provides that the Court may order refund or credit of the overpayment if the claim had not been disallowed before the notice of deficiency was mailed, or if the claim had been disallowed before the notice of deficiency was mailed and a timely suit for refund could have been commenced as of the date the notice of deficiency was mailed. Sec. 6512(b)(3)(C)(i) and (ii). Petitioner contends that he made an administrative claim for refund that was either not disallowed, or if it was disallowed, he could have commenced a timely suit for refund as of the date the notice of deficiency was mailed. If, as petitioner asserts, the delinquent return constitutes a claim for refund, the Court would have jurisdiction to order a refund or credit of the overpayment at issue. As noted supra, petitioner filed the delinquent return on October 24, 2002. Regardless of whether the 3-year or the 2-year “look-back” period would apply, petitioner’s overpayment on April 15, 2001, falls within the “look-back” period under petitioner’s theory, and the Court would have jurisdiction to order refund or credit of the overpayment. Under certain circumstances, a properly executed income tax return may constitute a claim for refund or credit. Section 301.6402-3(a)(5), Proced. & Admin. Regs., provides:Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007