Troy W. Ott v. United States

SCHROEDER, Circuit Judge:

Taxpayer Troy Ott appeals the district court’s summary judgment in favor of the United States in Ott’s action seeking a refund for tax year 1986. The district court concluded that Ott’s action was time-barred because Ott had “paid” his tax when he submitted a remittance with his request for an automatic extension of time to file his return. The issue is therefore whether a remittance accompanying Treasury Form 4868 constitutes a payment rather than a deposit for purposes of the statute of limitations on a claim for refund. This court has not previously addressed the…