Legal Opinion

Berry v. Commissioner

United States Tax Court

Decided September 18, 1991No. Docket No. 6978-89PublishedCited by 30 opinions

Ps had not filed a tax return for 1982 nor a claim for credit or refund of 1982 tax as of the date of mailing of deficiency notices to them. Ps actually overpaid their 1982 tax through withholding. Ps had executed a Form 872-A consent agreement more than two years after payment of the 1982 tax.

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Ps had not filed a tax return for 1982 nor a claim for credit or refund of 1982 tax as of the date of mailing of deficiency notices to them. Ps actually overpaid their 1982 tax through withholding. Ps had executed a Form 872-A consent agreement more than two years after payment of the 1982 tax. Held, the consent agreement does not revive the expired time period for filing a claim for credit or refund of the overpayment of tax and does not nullify the statutory limitation on the amount of any credit or refund allowable. Secs. 6501(c)(3) and (4), 6512(b) applied.

1Opinion of the Court

PARKER, Judge:

By statutory notices of deficiency dated January 4, 1989, respondent determined deficiencies in petitioners’ Federal income taxes and additions to tax as follows:

Jack Berry:

Additions to tax

Year Deficiency 1982 $13,299

10,878

1983

1984

1985

1986

13,106

10,309

10,243

Crisa Berry:

Year Deficiency

1982 $6,928

1983 1,516

1984 6,378

1985 8,146

1986 8,277

Sec. 6651(a)(1) $2,057 1,506 2,018 1,210 750

Sec. 6653(a)(1) *$665 *544 *655 *515 **512

Sec. 6654 $678 294 428 198 179

Additions to tax

Sec. 6651(a)(1) $575 377 494 860 869

Sec. 6653(a)(1) *$346 *277 *319 *407

Sec. 6654 $111

55

130

110

Sec. 6661 $2,057 1,506 2,018 1,210 1,256

Sec.…

2Cases cited12 opinions

  1. Boehm v. CommissionerSupreme Court of the United States · 1945
  2. Florsheim Brothers Drygoods Co. v. United StatesSupreme Court of the United States · 1930
  3. Stange v. United StatesSupreme Court of the United States · 1931
  4. United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
  5. Estate of E. W. Chism, Deceased, Clara Chism, and Clara Chism v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963

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

3Cited by30 opinions

  1. Commissioner v. LundySupreme Court of the United States · 1996
  2. Galuska v. CommissionerUnited States Tax Court · 1992
  3. Allen v. CommissionerUnited States Tax Court · 1992
  4. Richard J. Galuska v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1993
  5. Patronik-Holder v. CommissionerUnited States Tax Court · 1993

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

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