- 9 - The delinquent return did not give any notice of petitioner’s alleged claim for refund or the basis thereof, and the circumstances surrounding the filing of that return do not alter that conclusion. The delinquent return therefore does not form the basis of a claim for refund, and section 6512(b)(3)(B) applies. Accordingly, the Court lacks jurisdiction to determine a refund or credit of the overpayment at issue. We reject petitioner’s sole objection to respondent’s motion, and we shall grant respondent’s motion. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9Last modified: November 10, 2007