Daniel L. Ostrum - Page 8




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          6012, 6072.  Petitioner filed his claim for refund on June 24,              
          2001.  Since no portion of the earned income credit is deemed               
          paid within the 3-year period preceding the filing of his claim             
          for refund or credit, a refund or credit of the payment is                  
          barred. Sec. 6511(b)(2)(A).                                                 
               Petitioner argues that there is no information on the return           
          stating that there is a “time limit” on filing a tax return to              
          claim a refund.  Petitioner’s observation may be true but is,               
          nevertheless, of no legal consequence.  “[T]hose who deal with              
          the Government are charged with knowledge of applicable statutes            
          and regulations.”  Boulez v. Commissioner, 810 F.2d 209, 219 n.68           
          (D.C. Cir. 1987), affg. 76 T.C. 209 (1981); see also Fed. Crop              
          Ins. Corp. v. Merrill, 332 U.S. 380 (1947).  Petitioner is                  
          presumed to know that his Federal income tax return for 1997 was            
          due to be filed by April 15, 1998.  Petitioner is also presumed             
          to know that it had to be filed by April 16, 2001, in order to              
          claim a refund or credit for the overpayment in 1998.                       
               Petitioner is not entitled to a refund of the payment with             
          respect to the 1997 tax year deemed made on April 15, 1998; it is           
          barred under section 6511(b)(2)(A).  Because the overpayment for            
          1997 is barred, it cannot be used as a payment or credit for any            
          part of the tax due for 1998.                                               
               Petitioner also challenges respondent’s assertion of the               
          addition to tax under section 6651(a)(1) for his failure to                 







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