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Rev. Rul. 72-311


Rev. Rul. 72-311; 1972-1 C.B. 398

DATED
DOCUMENT ATTRIBUTES
  • Cross-Reference

    26 CFR 301.6511(a)-1: Period of limitation on filing claim.

  • Code Sections
  • Language
    English
  • Tax Analysts Electronic Citation
    not available
Citations: Rev. Rul. 72-311; 1972-1 C.B. 398
Rev. Rul. 72-311 1

The purpose of this Revenue Ruling is to update and restate, under the current statute and regulations, the position set forth in I.T. 1816, C.B. II-2, 246 (1923).

The question presented is whether, for purposes of the period of limitation on filing a claim for credit or refund, the "return" referred to in section 6511 of the Internal Revenue Code of 1954 is the original return or an amended return.

The taxpayer filed his 1965 income tax return on April 15, 1966 showing a tax liability of 4x dollars. On April 1, 1969, he filed an amended 1965 return showing a tax liability of 6x dollars, and paid the additional tax of 2x dollars. During 1970, the taxpayer filed a claim for refund for 3x dollars indicating that the amended return was in error and that his correct income tax liability for 1965 was 3x dollars. He contended that he was entitled to a credit or refund of the 2x dollars paid with the amended return plus the 1x dollars overpaid on his original return.

Section 6511(a) of the Code provides that claim for credit or refund of an overpayment of income tax in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later.

Section 6511(b)(2)(B) of the Code provides that if the claim was not filed within the 3-year period prescribed in section 6511(a), the amount of the credit or refund shall not exceed the portion of the tax paid during the 2 years immediately preceding the filing of the claim.

The filing of an original return and not the filing of an amended return starts the period of limitation on assessment. See Northern Anthracite Coal Co., 21 B.T.A. 1116 (1931). This statement is equally true concerning the period of limitation on credit or refund. See Kaltreider Construction, Inc. v. United States, 303 F. 2d 366 (1962), certiorari denied, 371 U.S. 877 (1962).

Accordingly, it is held that the "return" referred to in section 6511 of the Code is the original return. It follows that the taxpayer's claim for refund of the 1x dollars paid with the original return is not allowable. However, the taxpayer's claim for refund of the additional 2x dollars paid in 1969 is timely, since he filed the claim within two years from the time the tax was paid.

I.T. 1816 is hereby superseded since the position set forth therein is restated under the current law in this Revenue Ruling.

1 Prepared pursuant to Rev. Proc. 67-6, C.B. 1967-1, 576.

DOCUMENT ATTRIBUTES
  • Cross-Reference

    26 CFR 301.6511(a)-1: Period of limitation on filing claim.

  • Code Sections
  • Language
    English
  • Tax Analysts Electronic Citation
    not available
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