- 3 - collection of a specific deficiency is not the same as agreeing that the deficiency agreed to is accurate. A taxpayer who signs the form may later claim a refund after paying. But he gives up the right to come to Tax Court: “If you later file a claim and the Service disallows it, you may file suit for refund in a district court or in the United States Claims Court, but you may not file a petition with the United States Tax Court.” Just to make sure that point is clear, the form also states--directly above the signature line--“I understand that by signing this waiver, I will not be able to contest these years in the United States Tax Court, unless additional deficiencies are determined for these years.” The Commissioner assessed the tax as agreed, but the Nicholses never paid because they learned later in 2001 that one of their businesses had produced net operating losses (NOLs) for the tax years 1995 and 1997. This spurred them to file an amended 1994 tax return (Form 1040X) in December 2002, claiming these NOLs as deductions that they could carry back to the 1994 tax year. The IRS treated their 1040X as a refund claim and rejected it as untimely.2 The filing and rejection of a Form 1040X is often the prelude to a refund action, but the Nicholses 2 The rejection letter stated that no credit or refund would be allowed for a claim filed more than three years after the due date of the returns which established the NOLs; i.e., the 1995 and 1997 tax returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011