Bank of America v. The United States

LARAMORE, Judge.

This tax refund suit presents the question of whether a taxpayer which chooses’, to deduct foreign income taxes on its-. Federal income tax return can change its-choice and claim a credit after the expiration of the normal 3-year limitations period. In issue are sections 901(a) and 6511(d) (3) (A) of the Internal Revenue Code of 1954. 1 The former allows taxpayers to choose the credit and specifies the period in which the choice may be made or changed. The latter provides a special 10-year limitations period for refund claims “relat[ing] to” overpayments attributable to…