Legal Opinion

Bachner v. Commissioner

United States Tax Court

Decided September 24, 1997No. Tax Ct. Dkt. No. 27019-92Published

P's employer withheld tax from his wages for 1984. P filed a timely 1984 return reporting no tax liability and claiming a refund for the withheld tax. No tax has ever been assessed or refunded for 1984. R issued a notice of deficiency after the expiration of the period of limitations. Assessment of any tax against P for 1984 is now barred. P claims that the entire amount of withheld tax is an overpayment within the meaning of sec. 6512(b), I.R.C.

Read the full summary

P's employer withheld tax from his wages for 1984. P filed a timely 1984 return reporting no tax liability and claiming a refund for the withheld tax. No tax has ever been assessed or refunded for 1984. R issued a notice of deficiency after the expiration of the period of limitations. Assessment of any tax against P for 1984 is now barred. P claims that the entire amount of withheld tax is an overpayment within the meaning of sec. 6512(b), I.R.C. R maintains that any overpayment is limited to the amount by which the withheld tax exceeds the amount of tax which might have been properly…

1Opinion of the Court

RONALD C. BACHNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Bachner v. Commissioner

Tax Ct. Dkt. No. 27019-92

United States Tax Court

109 T.C. 125; 1997 U.S. Tax Ct. LEXIS 58; 109 T.C. No. 7;

September 24, 1997, Filed

Decision will be entered under Rule 155.

P's employer withheld tax from his wages for 1984. P filed a timely 1984 return reporting no tax liability and claiming a refund for the withheld tax. No tax has ever been assessed or refunded for 1984. R issued a notice of deficiency after the expiration of the period of limitations. Assessment of any tax against P for 1984 is…

2Cases cited22 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. United States v. DalmSupreme Court of the United States · 1990
  3. Lewis v. ReynoldsSupreme Court of the United States · 1932
  4. Stone v. WhiteSupreme Court of the United States · 1937
  5. Beard v. Comm'rUnited States Tax Court · 1984

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API