- 8 - 22, 2005, the date of his deemed claim, petitioner is not entitled to a refund (or a credit) of his 2001 overpayment. Sec. 6511(b)(2)(B). Petitioner contends that the substitute for return under section 6020(b) should be “counted” as his return. However, this Court has expressly held that a substitute for return prepared by the Commissioner pursuant to section 6020(b) does not constitute a return filed by the taxpayer for purposes of section 6511. Healer v. Commissioner, supra at 321-324. Petitioner also contends that his delinquency was caused principally by his confusion regarding how a $5,000 option payment on a movie contract should be reported. Although we are well aware of the intricacies of the Internal Revenue Code, the fact remains that, at the very least, petitioner could have timely filed his return and amended it later when he had resolved the reporting matter, particularly given that the option payment was less than 5 percent of his total income.6 Finally, petitioner contends that it would be unfair, particularly in view of respondent’s acceptance of his delinquent return and complete concession of the deficiency and additions to tax, to bar payment of his refund. Suffice it to say that the United States Supreme Court has clearly instructed that limitations on allowance of refunds and credits prescribed by 6 We recall that petitioner’s return was prepared by a C.P.A. affiliated with an accounting firm.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007