- 7 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007